( 1 ) CHAPTER XVI was incorporated in the Negotiable instruments Act, 1881 (hereinafter called the "act" ). The said chapter was inserted by the Banking Public Financial Institutions and Negotiable Instruments laws (Amendment) Act, 1988 (66 of 1988) with effect from April, 1989. The purpose of inserting this chapter under which Section 138 falls was to give power to the Court to impose punishment in case the cheque issued, in whole or in part, of any debt or liability is returned by the Bank unpaid either because of the amount of money standing to the credit of that account is insufficient or it exceeds the amount arranged to be paid. Such action amounts to an offence punishable with an imprisonment for a term which may extend to two years or with fine which may extend to twice the amount of the cheque, or with both. Section 139 of the Act deals with the presumption in favour of holder. Section 140 of the Act indicates the defences which may not be allowed in any prosecution under Section 138. Section 142 of the Act deals as to which Court can take cognizance of offences. Section 143 deals with the power of Court to try cases under Section 138 of the Act summarily. S