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        Indian Laws

        Section 140 - Defence which may not be allowed in any prosecution under section 138

        Negotiable Instruments Act, 1881
        Chapter XVII
        Of Penalties in case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts

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        Defence barred in cheque dishonour prosecutions: lack of belief that the cheque would be dishonoured is not permitted. A prosecution for an offence under the law on dishonour of cheques does not permit as a defence that the drawer had no reason to believe the cheque would be dishonoured on presentment; subjective lack of belief about potential dishonour is excluded.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Defence barred in cheque dishonour prosecutions: lack of belief that the cheque would be dishonoured is not permitted.

                            A prosecution for an offence under the law on dishonour of cheques does not permit as a defence that the drawer had no reason to believe the cheque would be dishonoured on presentment; subjective lack of belief about potential dishonour is excluded.


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