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When Area 138 bargains with penalties for cheque dishonour on account of a lack of cash within the accounts, Part 139 establishes a presumption which the holder in the cheque has gained the cheque in full or in part to discharge a credit card debt or other obligations. 

The Negotiable Devices (Modification) Act, 2015, was enacted to handle this problem. Segment 142 in the Act was revised, amid other factors, to stipulate that issues of Examine dishonour can only be filed inside a court whose jurisdiction incorporates the financial institution branch in which the payee maintains the account.

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To refute this presumption, info should be offered, and they have to be shown by a preponderance in the proof. It is not a defence within a prosecution for an offence underneath Portion 138 that the drawer had no lead to to Assume when he issued the check that It might be dishonoured when offered, As outlined by Portion 140 from the Act. 

“The prison liability and the fines are designed within the basic principle of not honouring a negotiable instrument, which impacts trade. This is besides the principle of economic legal responsibility per se.

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The abuse of this gadget had turn into so common that it had been considered important to alter the regulation to really make it more challenging for refractory drawers while also providing sufficient safeguards to stop harassment of truthful drawers. Therefore, the statute was adjusted in 1988 to mirror these modifications.

Reference was created in particular to paragraphs fifty one and 59 of Aneeta Hada’s circumstance, in which the Court docket concluded that a director or some other officer could be prosecuted without impleading the corporation if there is some lawful impediment to impleading the business, according to an Investigation of various conclusions, which includes Anil Hada vs Indian Acrylic Ltd. and Point out of Madras vs C.V. Parekh. 

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To make the directors/individuals in command of the company accountable for the offence of dishonour of cheques on behalf of the corporate.

In the situation at hand, the Appellant has been roped in like a signatory on the cheque and also the Promoter and Managing Director in the Accused firm, which availed with the personal loan.

Nevertheless, proceedings towards the company debtor’s administrators/people in management or Manage may be started or ongoing, and the directors/persons in administration or Charge of the corporate debtor remain liable beneath the law.