In M. Jaishankar v. Sree Gokulam Chits and Finance Corpn. (P) Ltd., the Madras High Court observed even when a person defaults on payment of his debt and a cheque issued by a wife in discharge of that debt is dishonoured, the husband being the non-issuer of the cheque cannot be prosecuted for the dishonoured/bounced cheque as per Section 141 of the Negotiable Instrument Act.
In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there
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