...parties, it was concluded that cheque amount was much more than the actual amount due, therefore, cheque was not in discharge of a legal liability. Trial court has meticulously scrutinize...cheque amount was much more than this. Thus, the cheque being of higher amount could not be taken towards discharge of the existing legal liability.4. Reliance has been plac...conclude that if cheque amount is much more than liability, section 138 of the Act is not attracted. In Alliance Infrastructure (supra), it has been held as under:-“8. The question...

..., the learned Counsel for the petitioner would contend that since the cheque amount is more than the existing liability as on the date of the cheque, the complaint cannot be filed in respect of th...=1999(3)Crimes504, would hold that the portion of the amount either more than the cheque amount or less than the cheque ...complainant, the liability was only of Rs. 1,01,574/-, but the cheque was issued for Rs. 1,50,000/-. Therefore, the complaint calling for the entire amount covered in the cheque is illegal and...

...that the cheque must have been drawn towards the discharge of either the whole or part of any debt or other liability and if the amount covered by the cheque is more than the whole of the debt or ... liability. If the amount covered by the cheque is more than the whole of the debt or other liability, the provisions of Section 138 of the N.I. Act will ...1strespondent on the premise that the 5 amount shown in the cheque is more than the amount due to the appellant....

...Bhumika Gupta. Consequently, the learned MM noted that since the complainant himself was not entitled to the entire cheque amount 12 thereby maki...they failed to depose before the Court. Consequently, the cheque amount being more than the liability owed towards the complainant, the respondent was liable to be acquitted...learned MM noted that since the liability of the accused was less than the cheque amount, no prosecution under Section 138 of the NI Act could be made. The learned MM, therefore, acquitted the...

... 20.03.2013, the outstanding liability got reduced to Rs.2,66,137/-. However, it is evident that the cheque amount was more ...liability, but was in fact of amount more than the existing liability. Hence, the prerequisite of Section 138 NI Act of the cheque being part or of the entire existin...the judgment dated 22.08.2016 noted that the admitted amount of Rs.1,00,000/- having been received by the Complainant, the cheque in the sum of Rs.3,66,137/- was more than the outstanding...

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...petitioner was beyond the period of 15 days from the date of receipt/service of notice and (ii) that even otherwise, the NEFT transfer was not towards the outstanding cheque amount but towards other liability, the total ...the petitioner submits that in the present case the petitioner had issued the cheque in question for Rs. 5,02,316/- towards the outstanding liability. He further submits that on receipt of the legal...had issued the cheque in question in order to discharge its legally payable debt/liability towards the respondent for the goods supplied by it to the petitioner from time to time. On presentation, the...

...even otherwise, the NEFT transfer was not towards the outstanding cheque amount but towards other liability, the total liability being more than double of the cheque amount i.e.,...the cheque in question for Rs.5,02,316/- towards the outstanding liability. He further submits that on receipt of the legal notice dated 12.05.2017, which was received on 20.05.2017, the petitioner.../liability towards the respondent for the goods supplied by it to the petitioner from time to time. On presentation, the cheque was dishonoured and returned with the remarks exceeds arrangement. The...

...the Crl.RP776/17 petitioner (accused) submits that since the cheque amount is more than the actual admitted liability amount, the petitioner is entitled for acquittal on that short ground alone. ...voluntarily executed and issued Ext.P3 cheque dated 29.2.2008 for Rs.1,54,850/- towards the subsisting liability of the subscriber in that chit transaction etc. The cheque when presented resulted in...though she is a surety to the chit subscribed by her husband, Ext.P3 cheque was taken as a blank signed one from her by the complainant Company at the time of the disbursal of the auctioned amount to...

...enforceable debt or liability to the extent shown in the instrument. When the amount shown in the cheque is more than what is legally due or enforceable, no offence u/S. 138 is made out, unless the ...under S. 138 of the Act, for not making arrangement to honour the cheque for an amount more than what is due from him. If he had made arrangement for honouring the cheque, he would have to go after the...respondent did not care to make endorsement under S. 56 of the Negotiable Instruments Act, I find that the cheque was presented for collection of an amount higher than the...

...the amount covered by the cheque is more than the whole of the debt or other liability, the provisions of Section 138 of the N.I. Act will not be attracted, even if the said ...whole amount of debt or liability is lesser than the amount covered by the cheque, no offence under Section 138 of the N.I.Act will be attracted, even if, the said cheque is dishonoured for...complainant against a legally enforceable debt or other liability, to attract the offence under section 138 of the N.I. Act. If the amount covered by the cheque exceeds the legally enforceable debt or other...

...seeking interest to the extent of Rs.75,000/- does not arise at all. When the cheque amount is more than the liability as asserted by the complainant to the tune of Rs.1,50,000/-, the offence under...% per annum on principal amount of Rs.1,50,000/-. When the said cheque was presented for encashment, it was returned for 'insufficient of funds'. Thereafter, the complainant got issued a legal notice to...written the amount and hence, he would contend that the cheque amount to the tune of Rs.2,25,0000/- is not a legally - 6...

...cheque must be drawn for discharge of whole or part or any debt or any other liability which is legally enforceable debt. The demand can be a part of the cheque amount, which is lesser than the ...the notice is issued for a sum of Rs.3.00 Lakhs, which is the cheque amount and there is no reference of repayment of Rs.20,000/-. It is not the case of the complainant that, after institution of this...the cheque amount. 9 15...

...of the liability. It was further held that if the cheque is more than the amount due on the day when the cheque was presented, therefore, it cannot be said that the cheque was towards dis...insufficient'. It was alleged that notice of demand was sent which was duly served but in spite of that cheque amount was not paid. It was alleged that petitioners have committed an offence which is punishable.... The goods were duly received and acknowledged by the petitioners vide receipt dated 18.9.2001 itself. It was alleged that in lieu of the prise the cheque was issued by the petitioners on 9.11.2001...

...on 26/02/2008. He submitted that since the cheque amount was more than the legally enforceable debt or liability, section 138 of the n.i act was not applicable. He, therefore, urged that no...pointed out that the statement of account of the complainant reveals that on 26/02/2008, the liability was Rs. 2,46,283.34, whereas the cheque was for an amount of Rs. 2,47,283.34 and it was also presented...accused did not claim the said notice and it was returned back with remark “unclaimed, returned to the sender”. Since the accused failed and neglected to make the payment of the cheque amount, the...

...she is residing. The petitioner is a charge a liability of more than Rs. interest @ 9% per annum on the principal amount from of cheque till the date of the by virtue of... judgment debtor and has to dis along with simple the date of issuance future interest @ 6% per annum on the principal amount from the...the judgment till realization of amount dated 23.10.2017. as 13 years have the petitioner to discharge demonstrates that the...

.... The holder of the cheque will not be presumed to hold the cheque for an amount, which is more than the debt or liability of the drawer of the cheque. Hence, when, after receipt of the .../-, which was the total liability of the accused. This cheque was encashed by the complainant and having, thus, realized the entire due amount, the complainant presented the first cheque, dated 11. 5. 96...the drawee receives, after the cheque stands dishonoured, any amount in discharge of the liability, partial or complete, which the cheque carried, the drawee, having received part payment of the...

...was for an amount of ` 2,47,283.34 and it was also presented on 26/02/2008. He submitted that since the cheque amount was more than the CRIA3-13 legally enforceable debt or liability, Section 138...testimony of PW1 cannot be considered. 11. Insofar as the question of cheque amount being less than the actual legally enforceable debt or liability as on 26/02/2008, is concerned.... The accused did not claim the said notice and it was returned back with remark unclaimed, returned to the sender. Since the accused failed and neglected to make the payment of the cheque amount, the...

...the cheque is more than the amount of the debt due, Section 138 of the Negotiable Instruments Act cannot be attracted. In the judgment in M/s.Pawan Enterprises Vs. Satish H.Verma reported in...Moulding Works and another reported in 2009 SCC OnLine Bombay 288, the Bombay High Court has took a view that when a cheque issued for an amount more than due by the.... Therefore, the contention of the learned Counsel for the petitioner that the cheque in question was filled for excess amount other than the liability cannot be gone into at this stage and the same cannot be...