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Which law governs cheque bounce cases in India?

Which law governs cheque bounce cases in India?

07-Dec-2024

Cheque Bounce

Answer By law4u team

Cheque bounce cases in India are governed by the Negotiable Instruments Act, 1881. The relevant provisions are under Section 138 to Section 147, which deal specifically with dishonor of cheques for insufficiency of funds or other reasons. Key aspects of the law are: Section 138: Dishonor of Cheque: It makes cheque bouncing due to insufficiency of funds or if the cheque exceeds the account balance a criminal offense. The drawer of the cheque can face penalties, including fines and imprisonment. Conditions for Applicability: The cheque must have been issued for the discharge of a legally enforceable debt or liability. The cheque must have been presented to the bank within its validity period (usually 3 months from the date of issuance). The payee must notify the drawer of the cheque's dishonor within 15 days of receiving the dishonor memo from the bank. Legal Notice: The payee must send a legal notice demanding payment of the cheque amount within 15 days of the dishonor. If the drawer fails to pay within 15 days of receiving the notice, a complaint can be filed. Filing of Complaint: The complaint must be filed before a magistrate within 30 days of the expiry of the notice period. The case is filed in the jurisdiction where the bank of the payee (where the cheque was presented) is located. Penalties: The court may impose a fine up to twice the cheque amount. The drawer can also be sentenced to imprisonment for up to 2 years or both. Section 147: Compounding of Offenses: Cheque bounce cases are compoundable, meaning the parties can settle the matter out of court at any stage of the trial. This framework ensures accountability and timely action in cheque dishonor cases while providing a mechanism for resolution.

Answer By Jagtar Singh

NIA 138 RELATED JUDGEMENT IN FAVOUR OF ACCUSED WHO GAVE BLANK SIGN CHEQUE TO COMPLAINT

Answer By Anik

Dear Client, In India, cheque bounce cases fall under the Negotiable Instruments Act, 1881. The section concerned is Section 138, which provides the legal framework of the issue and the consequences one faces with the dishonor of cheques because of insufficient balance or on account closure. Legal Provisions: 1. Banking Regulation Act, 1949 (BNS): The Banking Regulation Act has been the law for governing the functionings of banks in India and it works as a framework for their operation. It does not directly discuss cheque bounce cases but also establishes the regulatory environment in which the banks operate including their responsibility to handle cheques. Section 6: This section provides for the rights of banks regarding receiving deposits and issuing cheques. The banks should present cheques so far as the amount presented does not exceed the sum credited in the drawer's account. 2. Negotiable Instruments Act, 1881 (BNSS): The Negotiable Instruments Act more directly applies to cheque bounce cases. It defines what constitutes a negotiable instrument and outlines the legal implications of dishonoring a cheque. Section 138: The drawer of the cheque is held liable when there are reasons like insufficiency of funds or return of cheque marked `account closed', by penalising him under this section. The drawer can be prosecuted once they receive legal notice with proof of non-payment. Section 139 Assumes that the cheque had been issued in discharge of any debt or liability. That is the most important consideration for identifying the intention in issuing such a cheque. Conclusion Cheque bounce cases are subject to specific provisions of the Negotiable Instruments Act and other related laws in India. These legal frameworks must be understood to negotiate cheque bounce cases by either the payee or the drawer effectively. Hope this answer helps you.

Answer By Ayantika Mondal

Dear Client, The cheque bounce cases in India are governed by the Negotiable Instruments Act, 1881, specifically under Section 138 and the related provisions. It lays down the legal framework to be adopted in case of a dishonored cheque and provides the law to ensure the reliability and credibility of negotiable instruments as a mode of payment. Important Legal Provisions governing Cheque Bounce Cases 1. Section 138 - This section criminalises the dishonor of cheque issued to discharge any legally recoverable debt or liability. A cheque bounce arises when the cheque is returned from the bank without encashing the same on account of: Lack of sufficient fund in the account; Account is closed or frozen; Due to mismatched signatures and for other technical reasons. 2. Section 139 - This section only states that it was drawn for discharge of any legally recoverable debt or liability and onus to prove otherwise lies with the drawer/issuer. 3. Section 142 - This section deals with the presentation of a complaint in cheque bounce cases. The complaint shall be presented by the payee or holder in due course and instituted in a court having competent jurisdiction within 30 days from the expiry of the notice period under statute. 4. Section 143 - Cheque bounce cases are tried as summary so that it can be disposed off. The court may even convert the trial into regular, if the circumstances so require it. Other Applicable Provisions 1. Indian Penal Code, 1860 (IPC): In some cases, there may also be criminal proceedings in addition to the cheque being dishonored under IPC, for example under Section 420, which involves cheating. 2. Civil Remedy: In addition to and or as complementary to criminal procedure, there will also be additional empowerment of the payee to remedies provided by the Code of Civil Procedure, 1908. 3. Banking Regulation Act, 1949: This has given general principles regarding banking practice which raise obligations in the cheque issuance and processing. Conclusion Cheque bounce cases in India are primarily governed by the Negotiable Instruments Act, 1881, which ensures strict accountability for dishonored cheques. The provisions under Section 138 to Section 143 create a balance between the rights of the payee and the obligations of the drawer, fostering trust in cheque-based transactions. Parties involved in such disputes should adhere to the legal timelines and seek appropriate legal recourse to protect their interests. Hope this answer helps you.