https://www.taxtmi.com/caselaws?id=304696 Where part payment had already been received before cheque presentation, Section 56 of the Negotiable Instruments Act required endorsement of that payment and permitted negotiation only for the balance. Because the cheque was presented for an amount exceeding the subsisting liability, the statutory ingredient of Section 138 was not satisfied. The penal provision was construed strictly, and liability could not be created where the cheque did not represent the amount then due, even in part. On the admitted facts, the accused was not found to have committed an offence under Section 138, the acquittal was upheld, and the appeal failed. en-us Wed, 29 Oct 2008 00:00:00 +0530 Sat, 15 Oct 2022 14:16:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304696 Where part payment had already been received before cheque presentation, Section 56 of the Negotiable Instruments Act required endorsement of that payment and permitted negotiation only for the balance. Because the cheque was presented for an amount exceeding the subsisting liability, the statutory ingredient of Section 138 was not satisfied. The penal provision was construed strictly, and liability could not be created where the cheque did not represent the amount then due, even in part. On the admitted facts, the accused was not found to have committed an offence under Section 138, the acquittal was upheld, and the appeal failed. Case-Laws Indian Laws Wed, 29 Oct 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304696