Dishonour of a Cheque for a Time Barred Debt
By
Sri S. M. Deka
The Preface
In the cover-page of the April 2007 issue of the Criminal Law Journal under the heading “Important Decisions” two digests of such decisions have been prominently displayed. The first of these decisions says that a “cheque issued for discharge of time barred debt would still fall within purview of S. 138 of N.I. Act......”. This apparently surprising statement of law prompted the writer to read up the law on this point as closely as the limited resources permit. This essay is the result of the effort.
The Negotiable Instruments Act, 1881 is referred in this essay as N.I. Act.
The Statutory Provisions
The heading of the Chapter XVII of the N.I. Act enacted since 1-4-1989 reads thus?:
“Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts”
One of the vital requirements of Section 138 creating the offence is tha ....