Cheque rejected due to expiry of Non-CTS session and no question of returning Cheque for reason of Insufficient funds

Citation 

2022 (1) MWN (Cr.) DCC 66 (Mad)

IN THE HIGH COURT OF MADRAS

G.K. Ilanthiraiyan, J.G.K. Ilanthiraiyan, 1.

CrLO.P. No.7037 of 2020 & Cri.M.P. Nos. 3821 & 3822 of of 2020, Cr.O.P. No.7037 of 2020 & Cri.M.P. Nos.3821 & 3822 of of 2020

August 25, 2020

Land Marvel Homes and others

...Petitioner

Vs.

D. Ashok Kumar, S/o. Das, No.50, L.B. Road, C/3, Anand Aprtment, Thiruvanmiyur, Chennai-600 041

Land Marvel Homes and others

...Respondent

Vs.

D. Ashok Kumar, S/o. Das, No.50, L.B. Road, C/3, Anand Aprtment, Thiruvanmiyur, Chennai-600 041

...Petitioner

...Respondent

NEGOTIABLE INSTRUMENTS ACT, 1881 (26 of 1881), Section 138-CODE OF CRIMINAL PROCEDURE, 1973 (2 of 1974), Section 482-Non-CTS [Cheque Truncation System] Cheques Dispensed by RBI w.e.f. January 2019- Cheque, dated 4.2.2019 presented on 6.2.2019 and returned by Banks on 12.2.2019- Prosecution under Section 138 If, attracted Whether Cheque returned for 'insufficiency of funds'- Return Memo, annexed with Complaint, as issued by Bank shows return of Cheque for 'Insufficiency of funds' However, Letter obtained by Accused/Petitioners from Bank recites that Cheque rejected due to expiry of Non-CTS session and no question of returning Cheque for reason of Insufficient funds-Two documents produced by Accused and Complainant - To be tested before Trial Court by letting in evidence - Cannot be tested by High Court under Section 482, Cr.P.C. [Paras 6 & 7]

NEGOTIABLE INSTRUMENTS ACT, 1881 (26 of 1881), Section 138-CODE OF CRIMINAL PROCEDURE, 1973 (2 of 1974), Section 482-Non-CTS (Cheque Truncation System] Cheques -Dispensed by RBI w.e.f. January 2019- Cheque, dated 4.2.2019 presented on 6.2.2019 and returned by Banks on 12.2.2019 Prosecution under Section 138 if, attracted Whether Cheque returned for 'insufficiency of funds'- Return Memo, annexed with Complaint, as issued by Bank shows return of Cheque for Insufficiency of funds'- However, Letter obtained by Accused/Petitioners from Bank recites that Cheque rejected due to expiry of Non-CTS session and no question of returning Cheque for reason of Insufficient funds- Two documents produced by Accused and Complainant To be tested before Trial Court by letting in evidence- Cannot be tested by High Court under Section 482, Cr.P.C. [Paras 6 & 7]