201801.04
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New Cheque Bounce Provisions- 143A & 148

New Cheque Bounce Provisions- 143A & 148 The Negotiable Instruments (Amendment) Bill was put forth before the Lok Sabha by the Finance Minister on January 2, 2018. AIM- It aims to meet the following : reducing the undue delay in the cheque dishonor cases and, provision for payment of interim compensation to the complainants. OBJECT – Ease of…

201605.01
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Cheque Bounce , Notice , Complaint & Jurisdiction

The single bench of High Court of Gujarat comprising Justice  J.B.Pardiwala while dealing with jurisidction of complaint after  repealing of The Negotiable Instruments (Amendment) Ordinance, 2015 for amendment in Negotiable Instruments Act, 1881, in Brijendra Enterprise  Versus State Of Gujarat in Cr.M.A  13062 of 2011 explained the incidents of cheque bounce, notice , complaint & jurisdiction as falling between…

201605.01
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A Complaint for Dishonour of Cheque under Section 138

The single bench of High Court of Gujarat comprising Justice  J.B.Pardiwala on a  complaint for cheque bounce explained the impact of repealing of The Negotiable Instruments (Amendment) Ordinance, 2015 for amendment in  Negotiable Instruments Act, 1881, in the order passed in Brijendra Enterprise  Versus State Of Gujarat under Cr.M.A  13062 of 2011 It dealt with jurisidiction as below :…

201604.05
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Significant Aspects of Cheque Bounce under Section 138

The endless saga of cheque bounce has also resulted various hidden aspects with Section 138 of Negotiable Instrument Act,1881 as below : i ) Where cheque was presented on second time during its validity period,but no action was initiated on first bounce , then  the prosecution will be permissible  for the second and/or last time the cheque bounced…

201603.23
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Dishonour of Security Cheque Issued For Discharge Of A Debt Or Other Liability

Dishonour of Security Cheque Issued For Discharge Of A Debt Or Other Liability under Sections 138, 139 and 118(a) of Negotiable Instruments Act, 1881 will result into Conviction . Supreme Court upheld the  Conviction of guarantor and/or surety who had issued cheques as security for payment of amount due by principal debtor, as principal debtor had defaulted…

201601.01
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The Negotiable Instruments (Amendment) Act, 2015 is Retrospective

The Negotiable Instruments (Amendment) Act, 2015 LEGISLATION UPDATES STATUTES/BILLS/ORDINANCES Published on December 30, 2015 The Negotiable Instruments (Amendment) Act, 2015 though received the assent of the President on 26th December 2016, shall be deemed to have come into force on 15th June 2015 thereby giving retrospective effect to the enactment. The Act seeks to amend…