This research paper deals with the following constellation of issues:
1. Interplay of Section 204, Section 239 and Section 251 of the Code of Criminal Procedure, 1973;
2. Characteristic features of negotiable instruments and presumptions under Section 118 and Section 119 of the Negotiable Instruments Act, 1881;
3. Difference between Promissory Note and Bill-of-Exchange;
4. Difference between Cheque and Bill-of-Exchange;
5. Difference between Holder and Holder in Due Course;
6. Difference between Cheque and Post-Dated Cheque;
7. Analysis of Section 142 and Section 142-A of the Negotiable Instruments (Amendment) Act, 2015 (26 of 2015) dealing with the "territorial jurisdiction" aspect;
8. Issue regarding payment of a post-dated cheque being countermanded (cancelled/revoked) before the date mentioned on the face of the cheque;
9. Whether closing of the bank account with the mala fide intention of not honouring the liability/debt will be covered under Section 138 of the Negotiable Instruments Act, 1881?
10. Whether demand of "interest" along with the "cheque amount" in the statutory notice under Section 138 of the Negotiable Instruments Act, 1881 would make the statutory notice faulty?
11. Whether handwritten notice would constitute a valid notice under the provisions of Section 138 of the Negotiable Instruments Act, 1881?
12. If the cheque gets dishonoured because the signature on the face of the cheque do not match with that of the signature of the drawer, then, can the provisions of Section 138 of the Negotiable Instruments Act, 1881 be attracted?
13. Can directors of a company alone be prosecuted without making the company as one of the accused in an offence under Section 138 of the Negotiable Instruments Act, 1881?
14. Whether the payee or holder of a cheque can initiate prosecution for an offence under Section 138 of the Negotiable Instruments Act, 1881 for its dishonour for second time, if he had not initiated any action on the earlier cause of action?
15. Calculation of the date of maturity of a Bill-of-Exchange.
Keywords: Shivam Goel, Negotiable Instruments, Promissory Note, Cheques, Bills of Exchange, Post Dated Cheque
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