Negotiable Instruments Act, 1881 · Chapter XVII: Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts
Section 140: Defence which may not be allowed in any prosecution under section 138
It shall not be a defence in a prosecution for an offence under section 138 that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in that section.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 140
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Sri Dattatraya v. Sharanappa
Whether the High Court had rightly affirmed the acquittal of the respondent in a complaint case moved for the offence punishable u/s. 138 of the Negotiable Instruments Act, 1881 by its judgment dated 03.03.2023.
- Hmt Watches Ltd. v. M.A. Abida &Anr.
- M/S. Haryana State Coop. Supply and Marketing A Federation Ltd . v. M/S. Jayam Textiles & Anr.