P&H: Refuses to quash S.138 cheque bounce case against Managing Director under personal guarantee and acknowledged liability after dishonour

punjab-haryana
⚖️ Order Date: 27 Jul 2026
Headnotes

(i) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.482 — Dishonour of cheque — Quashing of complaint — Cheque issued from personal account by Managing Director under personal guarantee — Complaint u/s.138 not liable to be quashed at threshold where record showed that...

(ii) Negotiable Instruments Act, 1881, S.138 — Dishonour of cheque — Ingredients of offence — Prima facie satisfaction — Cheque presented within validity period, dishonoured for insufficiency of funds, despite issuance of statutory notice issued, amount remained unpaid within prescribed period — Essential ingredients of...

(iii) Negotiable Instruments Act, 1881, S.138 — Dishonour of cheque — Legally enforceable debt or liability — Personal guarantee and subsequent acknowledgements — Petitioner was not a stranger to the transaction as he acted as Managing Director, executed personal guarantee, drew cheque from his personal...


Facts of the Case

P&H: Refuses to quash S.138 cheque bounce case against Managing Director under personal guarantee and acknowledged liability after dishonour

The Punjab and Haryana High Court has refused to quash a cheque bounce complaint filed against the Managing Director of a real estate company, holding that the case disclosed a prima facie offence under Section 138 of the Negotiable Instruments Act.

The dispute arose from an agreement to sell two residential units in a housing project at Noida. According to the complainant, the full sale consideration of Rs.45 lakh had already been paid, and the agreement provided that if the sale deed was not executed by 30 September 2018, the amount would be refunded.

The complainant said the company issued...

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