2023 (10) TMI 1577

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....itioner inter alia contends that the petitioner has erroneously been summoned by the learned trial Court in total disregard to the statutory provisions. The complainant had, in fact misused the cheque in question given by the petitioner to him in the year 2019, which was evident from the fact that the cheque had been dishonored on the ground that "State Bank of Patiala cheques are not acceptable at SBI due to merger of SBOP in SBI" and not on account of insufficiency of funds. It has been further submitted that thus, there was as such no dishonor of the cheque so as to attract any offence under Section 138 of the Negotiable Instruments Act, 1881. It has still further been submitted that it is also a matter of record that the State Bank of P....

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.... credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for 4[a term which may be extended to two years'], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of ....