AI Overview...
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Contact Drawer/Drawee Bank - Repeated Presentation
Multiple sources indicate that when a cheque is returned with the remark kindly contact drawer/drawee bank and please present again, it signifies that the cheque was not dishonoured due to insufficient funds but rather due to procedural reasons or the need for re-verification. This remark appears consistently across cases, such as in D. S. Shridhar VS P. John - Telangana, Servalakshmi Paper Limited VS State Of Gujarat - Gujarat, Sachin Dubey VS Kishore Sharma - Madhya Pradesh, RAZAK P.S. vs ASHRAF AGALPADY - Karnataka, P. P. Publication VS State of Bihar - Patna, Pedro Marcel Ferrao VS VPK Urban Co-operative Credit Society Ltd. - Bombay, NIJAMUDDIN MANSOORI VS GIRISH CHAND GUPTA - Delhi, Robert Nirmal Singh vs Ajith S Lulla - Madras, and Sakshi Yadav vs State of U.P. - Allahabad. -
Legal Interpretation of Remarks and Cheque Dishonour
Courts have analyzed whether such remarks constitute dishonour under Section 138 of the Negotiable Instruments Act. Several judgments, including RAZAK P.S. vs ASHRAF AGALPADY - Karnataka and Sakshi Yadav vs State of U.P. - Allahabad, clarify that remarks like contact drawer/drawee bank and present again do not inherently imply dishonour due to insufficient funds, but rather indicate procedural issues or the need for re-presentation. -
Impact on Criminal Proceedings and Offense Validity
Courts have held that a cheque returned with this remark does not automatically fulfill the ingredients of an offence under Section 138. For example, P. P. Publication VS State of Bihar - Patna and Robert Nirmal Singh vs Ajith S Lulla - Madras found that such returns, absent proof of dishonour or insufficient funds, do not establish the offense of cheque bounce. Moreover, failure to contact the drawer or re-present the cheque undermines the prosecution’s case, as seen in RAZAK P.S. vs ASHRAF AGALPADY - Karnataka and NIJAMUDDIN MANSOORI VS GIRISH CHAND GUPTA - Delhi. -
Procedural and Limitation Considerations
In some cases, like NIJAMUDDIN MANSOORI VS GIRISH CHAND GUPTA - Delhi, the court noted that the cheque was returned with the remark kindly contact the drawer or drawee bank and please present again, which does not constitute dishonour, affecting the validity of criminal complaints filed subsequently. -
Conclusion
Remarks such as please present again or contact drawer/drawee bank are procedural indicators rather than definitive dishonour. Courts generally interpret these remarks as insufficient to establish dishonour under Section 138 unless accompanied by evidence of insufficient funds or other dishonour reasons. Failure to re-contact or re-present the cheque can result in dismissal of criminal proceedings based on cheque bounce allegations.
References:
- D. S. Shridhar VS P. John - Telangana, Servalakshmi Paper Limited VS State Of Gujarat - Gujarat, Sachin Dubey VS Kishore Sharma - Madhya Pradesh, RAZAK P.S. vs ASHRAF AGALPADY - Karnataka, P. P. Publication VS State of Bihar - Patna, Pedro Marcel Ferrao VS VPK Urban Co-operative Credit Society Ltd. - Bombay, Jatinder Singh Walia VS State of Punjab - Punjab and Haryana, NIJAMUDDIN MANSOORI VS GIRISH CHAND GUPTA - Delhi, Robert Nirmal Singh vs Ajith S Lulla - Madras, Sakshi Yadav vs State of U.P. - Allahabad
Search Results for "Contact Drawer Present again"
2022 0 Supreme(Telangana) 797 • India - Telangana
K. SURENDER
drawer/drawee bank and please present again'. ... The complainant took a hand loan and issued a cheque for Rs.30.00 lakhs, which was returned unpaid twice with the reason 'kindly contact ... Negotiable Instruments Act, as well as the interpretation of the Hon'ble Supreme Court regarding the reasons for prosecuting a drawer ... The Bank has returned twice for the reason 19 stating 'kindly contact drawer/drawee bank and please present....
2019 0 Supreme(Guj) 1147 • India - Gujarat
A.S.SUPEHIA
The cheque was deposited and it returned with a remark to contact drawer/drawee bank and present it again. ... The cheque dated 18.07.2015 was deposited on 28.07.2015 and it returned on 30.07.2015 with a remark to contact drawer/drawee bank and present it again. Thereafter, the said cheque was re-deposited and it returned dishonoured with Return Memo dated 18.08.2015 with the remark “funds insufficient.” ... Since the learned advocate for the respond....
2018 0 Supreme(MP) 973 • India - Madhya Pradesh
VANDANA KASREKAR
He further argues that the said Cheque was returned by the Bank with remarks "kindly contact drawer/drawee bank and please present again". ... He submits that the remarks "kindly contact drawer/drawee bank and please present again" amounts to the dishonour of the cheque as framed by the Calcutta High Court in the case of Voltas Limited and others v. Hiralal Agarwalla & Others reported in 1991 Crl.L.J. 609. ... When the respondent deposited the said c....
2023 Supreme(Online)(KAR) 1001 • India - High Court of Karnataka
HEMANT CHANDANGOUDAR, J
The petitioner contended that a cheque returned by the drawer bank could not constitute an offence, a point the court agreed with ... Learned counsel for the petitioner/accused submits that the cheque was returned by the drawer bank calling upon the complainant to contact drawer/drawee bank and present again, which clearly implies that the subject cheque was not returned by the drawee i.e, by 'the Bank'. ... The only point that arises for consideration is that, whethe....
2017 0 Supreme(Pat) 946 • India - Patna
SANJAY PRIYA
The court found that the basic ingredients of the alleged offenses were not present. ... Ratio Decidendi: The court found that the basic ingredients of the alleged offenses were not present, and the complaint was ... Instruments Act, 1881 - Section 406 - The court found that the basic ingredients of dishonour, misappropriation, and cheating were not present ... It is mentioned that the aforesaid cheque was first presented in the Bank on 10.04.2012, which was returned with endorsement KINDLY CONTACT DRAWER#HL_E....
2020 0 Supreme(Bom) 669 • India - Bombay
NUTAN D.SARDESSAI
It was admittedly also not returned dishonoured for insufficient funds but with the memo bearing the reason "kindly contact the drawer/drawee bank and please present again". ... It was the case of the petitioner that the cheque was drawn on Canara Bank, Fatorda branch which was not dishonoured for insufficiency of funds but was rather returned with the remark "kindly contact the drawer/drawee bank and please present again" with the memo of the IDBI B....
2018 0 Supreme(P&H) 1167 • India - Punjab and Haryana
ARVIND SINGH SANGWAN
Drawer/Drawee Bank and present again. ... After hearing learned counsel for the parties, I find merit in the present petition. ... 18. ... .724049 dated 22-10- 2015 of Rs.1 Crore each presented by complainant's attorney through complainant account in Punjab and Sind Bank in Jatinder Singh Walia account, RCC Service Branch, Jalandhar on 19-1-2016, but the same was returned by the Banker of accused on 20-01-2016 with Remark No.5- Kindly Contact ... ... 16-05-2013 - Accused admitted liability and as Guara....
2017 0 Supreme(Del) 1266 • India - Delhi
VALMIKI J.MEHTA
When on 5.11.2011, the respondent/plaintiff presented the said cheque for encashment the same was returned back dishonoured with the remarks “Kindly contact drawer or drawee bank and please present again”. ... The present suit has been filed on 07.01.2012. The suit is, therefore, within limitation.” (underlining added) ... 4. ... Applying the aforesaid principles of law in the present case, I am of the considered opinion that no triable issue has been raised by the defendant. The conte....
2025 Supreme(Online)(MAD) 11966 • India - High Court of Madras
G.K. ILANTHIRAIYAN, J
Further, all the cheques were returned dishonoured for the reason “contact drawer, drawee bank, present again”. 4. Admittedly, the respondent failed to contact the petitioner and never represented the cheque. ... All the cheques were presented for collection and the same were returned dishonoured for the reason -contact drawer, drawee bank, present again-. On issuance of statutory notice, the respondent lodged complaints. 3. ... The....
2025 0 Supreme(All) 3253 • India - HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKAS BUDHWAR
drawer, drawee bank and please present again". ... drawer, drawee bank and please present again". ... Fifthly, the reasons for returning of the cheque "kindly contact drawer, drawee bank and please present again" does not answer the description of dishonor of a cheque under Section 138 of the NI Act. ... It is also recited in the complaint that on the assurance of the applicant again the said cheque was re-presente....
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