Does 'Kindly Contact Drawer/ & Present Again' Constitute Under ?
In the fast-paced world of business transactions, cheques remain a cornerstone of financial dealings in India. However, when a cheque bounces, it can lead to serious legal repercussions under of the (). But what happens if the bank returns your cheque with the ambiguous remark: Kindly Contact Drawer/ and Present Again? Does this count as a triggering ?
This common query arises frequently: Kindly Contact Drawer and Present again Whether its Applicable under of . In this post, we dive deep into the legal nuances, drawing from judicial precedents and statutory interpretations to clarify this issue. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your case.
Understanding of the
addresses the of cheques due to or exceeding the arranged amount. For an offense to be made out, several conditions must align:
- The cheque must be presented to the within its validity period.
- It must be returned unpaid for specified reasons.
- The payee must issue a within 30 days of information.
- The drawer fails to pay within 15 days of the notice.
The key? must be for a statutorily recognized reason. Procedural or ambiguous endorsements don't suffice.
As held in , the offense completes only with the concatenation of several acts, including the return of the cheque unpaid by the . Mere return without a clear '' or similar memo doesn't activate .
Analyzing the 'Contact Drawer/' Remark
The endorsement Kindly contact drawer, and please present again is not a definitive . Courts have repeatedly ruled it indicates procedural issues, such as mismatched signatures, technical glitches, or the need for verification, rather than insufficiency of funds.
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For instance:- In one case, the cheque was returned with Kindly Contact Drawer , and the court quashed proceedings, noting it didn't constitute . 2024 Supreme(Online)(Del) 32732- Another judgment emphasized: It was admittedly also not returned dishonoured for but with the memo bearing the reason 'kindly contact the drawer/ and please present again'. 2020 0 Supreme(Bom) 669
Multiple High Court rulings affirm: Such remarks suggest after resolving banking issues, not invoking . 2025 0 Supreme(All) 3253 2023 Supreme(Online)(MAD) 45751 2021 Supreme(Online)(MAD) 8951 2023 Supreme(Online)(Mad) 82728
Why It Doesn't Qualify as
- No Statutory Reason: requires explicit grounds like 'funds insufficient' or ''. Ambiguous notes fall outside. 2018 0 Supreme(MP) 973
- Focus: Per , presentation must be to the , and confirmed there. Collecting bank's memo alone isn't enough. 2011 0 Supreme(Mad) 3099
- Procedural Nature: It implies the cheque hasn't been properly processed. Re-present after contacting parties. Failure to do so weakens any complaint. 2021 Supreme(Online)(MAD) 8951 2024 Supreme(Online)(AP) 2980
In Lalit Mohan Pandey's case, the cheque returned with ‘Kindly Contact Drawer ’ didn't sustain conviction under . 2024 Supreme(Online)(Del) 32732
Legal Precedents and Judicial Insights
Courts consistently quash complaints based solely on this remark:
- Hence, the private complaint was.... – Proceedings dismissed for lack of proper .
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- In a Patna case, even repeated '' after triggered action, but initial procedural returns didn't. 2017 0 Supreme(Pat) 946
- When on , the respondent/plaintiff presented the said cheque... returned back dishonoured with the remarks ‘Kindly contact drawer or and please present again’ – Suit proceeded only post-notice, but core needed clarity. 2017 0 Supreme(Del) 1266
The Supreme Court in clarified even '' attracts if presumption under holds, but don't equate. 2014 7 Supreme 695
Key Takeaway from Sources: Multiple sources... clarify that a cheque returned with the endorsement kindly contact drawer, and please present again does not constitute due to or other statutory reasons.2025 0 Supreme(All) 3253 2023 Supreme(Online)(MAD) 45751 2021 Supreme(Online)(MAD) 8951 2023 Supreme(Online)(Mad) 82728
Steps to Take If You Receive This Remark
Don't rush to file a complaint. Follow these generally recommended steps:
- Contact the Immediately: Clarify the issue (e.g., , account status).
- Communicate with Drawer: Seek confirmation or resolution.
- Re-Present the Cheque: Within validity, after fixes. Document everything.
- Monitor Return Reason: Only if returned for '' etc., proceed with .
- Preserve Records: Bank memos, communications – crucial evidence.
The complainant must follow the bank's instructions and re-present the cheque after addressing the issue. Failure to do so may lead to the conclusion that the was not due to .2021 Supreme(Online)(MAD) 8951
Common Pitfalls in Cases
- Filing prematurely without leads to quashing. 2020 0 Supreme(Bom) 669
- Ignoring assumes wrongful . 2024 Supreme(Online)(MAD) 3998
- Overlooking Proviso (b) – 30-day notice from knowledge. 2023 0 Supreme(Cal) 1372
Inoperative accounts or similar don't auto-trigger unless tied to statutory reasons. 2021 Supreme(Online)(MAD) 8951
Conclusion and Key Takeaways
Generally, a cheque returned with Kindly Contact Drawer/ and Present Again does not invoke . It signals procedural hurdles, requiring for true status. Courts prioritize actual unpaid return for specified reasons, protecting genuine transactions from hasty litigation. 2018 0 Supreme(MP) 973 2011 0 Supreme(Mad) 3099
Key Takeaways:- Re-present after contacting parties.- Document all steps meticulously.- Only (e.g., ) sustains action.- Promote cheque credibility – the legislative intent of . 2023 0 Supreme(Cal) 1372
If facing a cheque issue, seek professional advice tailored to facts. Stay informed, act prudently.
#Section138, #NIACT, #ChequeBounce
