{"id":232,"date":"2021-04-20T10:18:44","date_gmt":"2021-04-20T10:18:44","guid":{"rendered":"https:\/\/newsraise.com\/in\/?p=232"},"modified":"2021-04-20T10:20:19","modified_gmt":"2021-04-20T10:20:19","slug":"supreme-court-issues-mandate-on-early-disposal-of-cases-related-to-cheque-bounce","status":"publish","type":"post","link":"https:\/\/newsraise.com\/in\/2021\/04\/20\/supreme-court-issues-mandate-on-early-disposal-of-cases-related-to-cheque-bounce\/","title":{"rendered":"Supreme Court issues mandate on early disposal of cases related to Cheque Bounce"},"content":{"rendered":"\n<!-- Quick Adsense WordPress Plugin: http:\/\/quickadsense.com\/ -->\n<div class=\"9fece8afa224fd09e54b043d0febfb58\" data-index=\"1\" style=\"float: none; margin:10px 0 10px 0; text-align:center;\">\n<script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js\"><\/script>\r\n<!-- NR ATF -->\r\n<ins class=\"adsbygoogle\"\r\n     style=\"display:block\"\r\n     data-ad-client=\"ca-pub-8898941184964366\"\r\n     data-ad-slot=\"4839033563\"\r\n     data-ad-format=\"auto\"\r\n     data-full-width-responsive=\"true\"><\/ins>\r\n<script>\r\n     (adsbygoogle = window.adsbygoogle || []).push({});\r\n<\/script>\n<\/div>\n<p>&nbsp;<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone wp-image-239 size-full\" src=\"https:\/\/newsraise.com\/in\/wp-content\/uploads\/2021\/04\/unnamed.jpg\" alt=\"\" width=\"512\" height=\"256\" srcset=\"https:\/\/newsraise.com\/in\/wp-content\/uploads\/2021\/04\/unnamed.jpg 512w, https:\/\/newsraise.com\/in\/wp-content\/uploads\/2021\/04\/unnamed-300x150.jpg 300w\" sizes=\"auto, (max-width: 512px) 100vw, 512px\" \/><\/p>\n<p>When you go\u00a0 When you go to the bank, normally there will be few people waiting to meet the manager. No, no, not for loan approval. But for a specific case related to the payment that normal officers cannot address in the bank. This case happened with the likes of Vijay Mallya and Nirav Modi and has led to their arrest in foreign countries. The criminal case will be filed on the defaulters. What are we talking about? We are discussing the cheque bounce and cheque bounce related crimes. Because of cheque bounce, the life of people has ruined a lot. In this article, we will discuss Cheque Bounce and what are the suggestive measures by the Supreme Court to resolve the issues related to cheque bounce.<\/p>\n<h2><strong>What does cheque bouncing back mean?<\/strong><\/h2>\n<p>A cheque being bounced back or cheque dishonoured is a cheque that a bank on which is drawn declines to pay due to insufficient funds with the drawer of the cheque. If in case your cheque bounces, you are required to issue notice within 15 days of the cheque bounce and thereafter after receiving the acknowledgement receipt within 30days we are required to file the complaint. After filling out the complaint it shall take 6 months legally for recovering the money back.<\/p>\n<p>The Supreme Court has issued guidelines for early disposal of cheque bouncing cases (which were 35.16 lakh as of December 31, 2019, out of a total 2.31 crore pending criminal cases in the country) and has asked the Centre to amend laws to ensure clubbing of trials in cases which are lodged within one year against a person relating to the same transaction. Further, the five-judge bench headed by Chief Justice S A Bobde said that the evidence in cheque dishonour cases can now be tendered by filing affidavits and there would be no need to examine witnesses physically.<\/p>\n<p>The five-judge bench has asked the Union Government to make &#8220;suitable amendments&#8221; in the Negotiable Instruments Act. The highest court of the nation asked the Centre to ensure that trials in cheque bounce cases lodged in 12 months against a person can be clubbed together into one consolidated case. Moreover, the three-judge bench will take up the matter under suo motu principle to ensure the early disposal of cheque bounces cases after eight weeks.<\/p>\n<p>This particular judgement aims at reducing the burden on the docket of the criminal courts and asked the high courts to issue practice directions to magistrates, trying cheque dishonour cases, to record reasons before converting trial of complaints under Section 138 of the (Negotiable Instruments) Act from summary trial to summons trial.<\/p>\n<h2><strong>How is it helpful to the common man?<\/strong><\/h2>\n<p>Yes, it is helpful to those people who got their cheques bounced back and left with no hope of recovering their money. Earlier, people whose cheques bounced back had to wait for a long period of time to get their money back after the Supreme Court&#8217;s judgment and many were those people whose cases were not trialled in the Court itself. But after the Supreme Court&#8217;s decision, people who received bounced cheques can file a case in the lower Courts, can be heard speedily and also receive their money from the drawer of the cheques. Hence this judgement is a relief to most of the people dealing in cheques and having a risk of getting those issued cheques bouncing back.<\/p>\n<p>So, people relax. The Supreme Court has taken the measures to solve the impending cases which are holding back people from advancing in their life. People will receive their money back at the earliest even if the cheque has bounced.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n\n<div style=\"font-size: 0px; height: 0px; line-height: 0px; margin: 0; padding: 0; clear: both;\"><\/div>","protected":false},"excerpt":{"rendered":"<p>&nbsp; When you go\u00a0 When you go to the bank, normally there will be few people waiting to meet the manager. No, no, not for&#8230;<\/p>\n","protected":false},"author":2,"featured_media":240,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-232","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-internet","entry"],"_links":{"self":[{"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/posts\/232","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/comments?post=232"}],"version-history":[{"count":2,"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/posts\/232\/revisions"}],"predecessor-version":[{"id":241,"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/posts\/232\/revisions\/241"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/media\/240"}],"wp:attachment":[{"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/media?parent=232"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/categories?post=232"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsraise.com\/in\/wp-json\/wp\/v2\/tags?post=232"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}