Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

Liability in Cheque Bounce Cases – Drawer Alone Liable: Delhi High Court

07 May 2024 8:19 AM

By: Admin


In a significant legal development, the Delhi High Court delivered a judgment on December 6, 2023, that has clarified the liability of individuals in cases of dishonored cheques. The court emphasized that only the drawer of a dishonored cheque can be held criminally liable under Section 138 of the Negotiable Instruments Act, 1881.

The judgment came in response to a petition filed by Arushi Gupta seeking the quashing of Complaint Case No. 4061/2020, which was based on a dishonored cheque allegedly issued by her. The court examined the legal provisions and relevant case law to arrive at its conclusion.

Justice Saurabh Banerjee, presiding over the case, stated in the judgment, “If the cheque in question is returned unpaid on account of the conditions mentioned under Section 138 of the Act, such person alone is liable to be prosecuted for the offence under Section 138 of the Act.”

The court’s decision reaffirmed the principle that the liability for a dishonored cheque falls squarely on the drawer of the cheque. The judgment also highlighted that even in cases of joint liability, individuals other than the drawer cannot be prosecuted unless they are signatories to the cheque and have drawn it on their account.                                                  

Date of Decision: December 6, 2023

ARUSHI GUPTA VS AJAY CHANANA

Latest Legal News