Wednesday, December 20, 2023

Dishonour of Cheque - Account closed -Such dishonour would be considered a dishonour within the meaning of section 138 NI Act

Negotiable Instruments Act, 1881, Section
138 - Dishonour of Cheque - Account closed
Only submission that since the cheque
note 'account was returned with the
closed', section 138 Negotiable
Instruments Act would not be attracted -
Can not be accepted - Supreme Court in the
case of NEPC Micon Ltd. and others v.
Magma Leasing Ltd. has held that such
a considered would be dishonour
within the meaning of section
138 of Negotiable Instruments Act.

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