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shortcomings which have been endeavoured to be plugged by the Negotiable Instruments (Amendment & Miscellaneous Provisions) Act, 2002 (55 of 2002). The Act 55 of 2002 has, besides other amendments, amended sections 138, 141 and 142 and inserted new sections 143 to 147 in the Act (section 143 - summary trial; section 144 - service of summons; section 145

  • -

    evidence on affidavit; section 146 - Bank’s slip prima facie evidence;

section 147 - offences to be compoundable).

2.5

Section 138 reads as under:

Dishonour of cheque for insufficiency, etc., of funds in the account.

  • -

    Where any cheque drawn by a person on an account maintained by

him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either

because of

the amount

insufficient

to honour

arranged to

be paid from

standing to the credit of that account is the cheque or that it exceeds the amount that account by an agreement made with that

bank, shall,

such person shall without prejudice

be deemed to have committed an to any other provision of this Act,

offence and be punished

with imprisonment for a fine which may extend both:

term which may extend to twice the amount of

to two years, the cheque,

or or

with with

Provided that nothing contained in this section shall apply unless-

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