Dishonour of Cheque -- Debit Freeze on Account -- No offence under S.138 NI Act where drawer has no control over account when cheque was presented
Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Debit Freeze on Account -- Liability under Section 138 requires that the accused have control over the account when the cheque becomes due for presentation or realisation. Where the account is under debit freeze and the drawer has no control or authority over it, the offence under Section 138 is not made out.
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