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Complaint Under Sec.138 NI Act maintainable only after presenting before drawer bank

In M/s. Merck Ltd. & Anr. vs Radha Nath Nandi, the the cheque was returned by the bank of the complainant/payee, before forwarding it to the drawer bank for encashment. Curiously, the payee bank had endorsed in the return slip that ‘account name & cheque name differs/no funds’. The complainant lodged complaint thereupon, after sending the statutory notice. He had a case that the name was not written in full by the drawer deliberately to harass him. The respondent/drawer approached the High Court for quashing the proceedings before the Magistrate.

The Calcutta High Court quashed the proceeding holding that without producing the cheque before the drawer bank, complaint under Section 138 of the Negotiable Instruments Act will not be maintainable.

Article referred: http://www.livelaw.in/without-producing-cheque-drawer-bank-complaint-sec-138-ni-act-not-maintainanble-calcutta-high-court-read-order/

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