In addition to 'cheque amount' holder also claimed incidental charges and notice charges - Drawer absolved from criminal liability if he pays "cheque amount" - Regarding other incidental claims, civil suit is necessary.

Citation

AIR 2000 SUPREME COURT 828

SUPREME COURT

(From : Calcutta)

G. T. NANAVATI , J. and S. N. PHUKAN , J.

Criminal Appeal No. 113 of 2000 (arising out of S.L.P. (Cri.) No. 1074 of 1998, D/- 2 - 2 - 2000

Suman Sethi Appellant v. Ajay K. Churiwal and another Respondents.

(B)Negotiable Instruments Act (26 of 1881), S.138 Proviso (b), S.139 - Notice of demand -

'Cheque amount' clearly stated by holder of cheque - In addition to 'cheque amount' holder also

claimed incidental charges and notice charges - "Cheque amount" and incidental charges being

severable, presumption as contemplated in S. 139 in favour of holder will arise only in respect

of "cheque amount" - Drawer absolved from criminal liability if he pays "cheque amount" -

Regarding other incidental claims, civil suit is necessary.