Cheque bounce case: Check bounce is a common problem in today’s time, due to which many people have to face trouble. This is not only a financial loss, but also legally a crime, for which there is a provision of punishment under Section 138 of the Negotiable Instruments Act. Often the question arose as to where the case should be filed if the check bounced – where the check was issued or where the check is the bank of the check. On this, the High Court has now given an important arrangement, which has brought great relief to the victims of check bounce.
What was the situation earlier?
Previously, after a prominent decision of the Supreme Court (Dasharatha Roop Singh Rathore vs. Maharashtra State), it was decided that the case of check bounce can only be filed in the same court, under whose jurisdiction the bank of the check issuing (debtors) comes. This caused a lot of trouble to the person receiving the check, as he often had to go to another city to sue, which cost both time and money.
New Amendment and High Court clarification:
Given this problem, the government amended 2015 in the Negotable Instruments Act. The aim of this amendment was to deal with the cases of check bounces where the bank’s bank is (ie where the check was presented for collection).
Now, the High Court has made it clear that the amended law and the Supreme Court’s interpretation in the ‘Bridastone India Private Limited vs Inderpal Singh’ case, it has been clarified that the check bounce case can be filed in the court of the location where the checkman had submitted a check in his bank.
Check Bounce: Now you will be able to make cases in their own city, High Court gave great relief!
What does it mean?
This simply means that the person whose check is bounced (check/creditor) can now file a case at the place of his bank branch. He will not need to go to the city or his bank city of the person issuing the check. This decision is an important step towards making the justice process simple and accessible to the victim in cases of check bounce.
Czech bounce sentence:
Recall that under Section 138 of the Negothaable Instruments Act, if found guilty if the check is found guilty, there may be a double fine of imprisonment for two years or the check of check for two years or both.
This decision of the High Court is a major relief for the victims of check bounce, as it will make them easier to take legal action in their own city and will speed up the process of getting justice.
