HomeCategory Cheque Bounce u/s 138


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The statement released by Ministry of Finance on 8th June, 2020 has proposed to decriminalize a number of economic offences and one of such offences is the offence under Sec 138 of Negotiable Instruments Act, 1881 for dishonor of cheque. The Ministry has invited comments of stakeholders latest by June 23, 2020 on the decriminalization...

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...

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...

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 :...

The issue as to whether the legal notice sent under Section 138 of N.I.Act,1881 will be considered as served when it is returned unclaimed but not refused has had been dealt by various courts of law from time to time. But , this interesting issue has various inbuilt factors whic can be understood as below...

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