
Case Law Analysis
|Bombay High Court
Section 138 NI Act | Unendorsed Part Payment Vitiates Cheque Dishonour Complaint as No Legally Enforceable Debt Exists at Presentation : Bombay HC
The Bombay High Court held that a part payment made on a cheque without endorsement on the instrument itself negates the existence of a legally enforceable debt at the time of presentation, rendering the Section 138 complaint unsustainable. This clarifies that mere settlement or partial discharge, without formal endorsement, cannot preserve the statutory presumption of liability under the Negotiable Instruments Act, affecting creditors and corporate directors alike.