S.138 NI Act Court Can Take Cognizance Of Complaint Based On Notice Pursuant To ‘Re-Presentation’ Of Cheque: Orissa High Court

Case: Sri Gadadhar Barik Vs. Sri Pradeep Kumar Jena and another

Coram: Sri Gadadhar Barik v. Sri Pradeep Kumar Jena & Anr.

Case No.: Case No: CRLMC No. 1157 of 2011

Court Observation: “if the entire purpose underlined Section 138 of the N.I. Act is to compel the drawers to honour their commitments made in course of business or other transactions, there is no reason why a person who has issued a cheque that is dishonored and who failed to make payment despite statutory notice served upon him should be immune to prosecution simply because the holder of the cheque had not rushed to the court with a complaint based on such default or for the reason that the drawer has made the holder defer prosecution promising to make arrangements for funds or on account of any other similar situation.”