https://www.taxtmi.com/caselaws?id=158392 SC held that dishonour of a cheque due to "stop payment" instructions after issuance and presentation constitutes an offence under Section 138 NI Act, as it amounts to dishonour for insufficiency of funds, with dishonest intention inferred when payment is not made within 15 days of statutory notice. However, where the drawer, after issuing the cheque but before its presentation, directs the payee/holder not to present it, and the cheque is nonetheless presented and returned on such prior instructions, Section 138 is not attracted. In the present matters, the complaints disclosed all essential ingredients of the offence; therefore, the HC erred in quashing them. SC set aside the HC orders and directed the trial court to proceed expeditiously, without expressing any view on the merits. en-us Mon, 22 Jan 1996 00:00:00 +0530 Mon, 15 Dec 2025 14:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=158392 SC held that dishonour of a cheque due to "stop payment" instructions after issuance and presentation constitutes an offence under Section 138 NI Act, as it amounts to dishonour for insufficiency of funds, with dishonest intention inferred when payment is not made within 15 days of statutory notice. However, where the drawer, after issuing the cheque but before its presentation, directs the payee/holder not to present it, and the cheque is nonetheless presented and returned on such prior instructions, Section 138 is not attracted. In the present matters, the complaints disclosed all essential ingredients of the offence; therefore, the HC erred in quashing them. SC set aside the HC orders and directed the trial court to proceed expeditiously, without expressing any view on the merits. Case-Laws Companies Law Mon, 22 Jan 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=158392