2022 (3) TMI 911

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....the case for the disposal of this revision are that petitioner and respondent were friends. Petitioner purchased 1/3 rd of the ancestral house of respondent situated at Ashok Nagar, Itawa, in the name of his daughter on 28.07.2016. Registered sale deed was executed in consideration of Rs. 13,90,000/-, out of which consideration amount, petitioner/accused gave a cheque amounting to Rs. 2,90,000/- bearing Cheque No.467136 dated 06.12.2016 and assured that if respondent present the same cheque in bank that will be honoured. When respondent presented the cheque in his bank, he got an information through bank that the petitioner has stopped the payment. Then he orally informed the petitioner then, he gave registered notice on 29.12.2016 for the ....

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....r for the consideration of Rs. 13,90,000/- and out of which, he had given Rs. 2,90,000/- by cheque No. 467136 on 06.12.2016 which was dishonoured in non-payment. Section 138 of the Negotiable Instruments Act is reproduced as below:- "138 Dishonour of cheque for insufficiency, etc., of funds in the account. --Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid f....