2025 (2) TMI 1997

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.... THE RESPONDENT : BY SRI. M.M.PATIL, ADVOCATE ORAL ORDER 1. The petitioner has challenged the order taking cognizance of the offense under Section 138 of the Negotiable Instruments Act, 1881 ("NI Act"), in the present petition. 2. The respondent/complainant filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 ("Cr.P.C."), alleging that the accused had borrow....

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....o (a) to Section 138 of the NI Act. In support of this contention, reliance was placed on the judgment of the Allahabad High Court in the case of Smt. Archana Singh Gautam v. State of U.P. and Another. 5. In response, learned counsel for the complainant argued that the cheque was issued towards a legally enforceable debt, and although it was returned as invalid, the accused was under an obligat....

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.... was invalid and could not be honored. * In identical circumstances, the Allahabad High Court in Smt. Archana Singh Gautam (supra) ruled that a cheque issued from an account maintained in the erstwhile Allahabad Bank (post-merger with Indian Bank) was not valid on the date of presentation. Consequently, dishonor of such a cheque did not attract liability under Section 138 of the NI Act. ....