Negotiable Instruments Act Section 140 — Defence which may not be allowed in any prosecution under section 138

CHAPTER XVI O F I N T E R N A T I O N A L LA W

General

Summary

In a case under section 138, the person who wrote the cheque cannot defend themselves by saying that, at the time they issued it, they had no reason to think the cheque would bounce for the reasons mentioned in that section. This means such a lack of belief is not accepted as a valid excuse in court.

Official Text

Itshall not be a defence in a prosecution for an offence under section 138 that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in that section.