https://www.taxtmi.com/caselaws?id=407576 Advance intimation to a payee not to present a cheque does not, by itself, defeat prosecution under Section 138 of the Negotiable Instruments Act. The Court applied the settled position that once a cheque is issued towards a debt or liability and is later dishonoured on presentation, the penal provision is attracted, subject to the statutory ingredients. The drawer cannot escape liability merely by issuing an earlier request or stop-payment-type intimation, especially where the earlier view relied on had been overruled. The complaint and the order refusing discharge were sustained, and the petition was rejected on merits. en-us Thu, 15 Apr 2021 00:00:00 +0530 Fri, 14 May 2021 08:34:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=407576 Advance intimation to a payee not to present a cheque does not, by itself, defeat prosecution under Section 138 of the Negotiable Instruments Act. The Court applied the settled position that once a cheque is issued towards a debt or liability and is later dishonoured on presentation, the penal provision is attracted, subject to the statutory ingredients. The drawer cannot escape liability merely by issuing an earlier request or stop-payment-type intimation, especially where the earlier view relied on had been overruled. The complaint and the order refusing discharge were sustained, and the petition was rejected on merits. Case-Laws Indian Laws Thu, 15 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=407576