https://www.taxtmi.com/caselaws?id=287644 A cheque returned with the endorsement "refer to drawer" may indicate dishonour, but liability under Section 138 of the Negotiable Instruments Act still depends on proof that the cheque was returned for insufficiency of funds or for exceeding the bank arrangement, so further bank evidence may be required before final determination. The special scheme of the Negotiable Instruments Act also prevails over the general fine limit in Section 29(2) of the Code of Criminal Procedure, and a Judicial Magistrate of First Class trying a Section 138 prosecution can impose a fine exceeding Rs. 5,000. The matter was remitted for fresh disposal with limited additional evidence. en-us Fri, 08 Dec 1995 00:00:00 +0530 Fri, 24 Apr 2020 13:32:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287644 A cheque returned with the endorsement "refer to drawer" may indicate dishonour, but liability under Section 138 of the Negotiable Instruments Act still depends on proof that the cheque was returned for insufficiency of funds or for exceeding the bank arrangement, so further bank evidence may be required before final determination. The special scheme of the Negotiable Instruments Act also prevails over the general fine limit in Section 29(2) of the Code of Criminal Procedure, and a Judicial Magistrate of First Class trying a Section 138 prosecution can impose a fine exceeding Rs. 5,000. The matter was remitted for fresh disposal with limited additional evidence. Case-Laws Indian Laws Fri, 08 Dec 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287644