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Supreme Court: Place to file complaint in case of Cheque Bounce matter

August 2, 2014 By LegalSolutions.in 2 Comments

Supreme Court has ruled on 01 August 2014 in response to various appeals filed before it, that a complaint about a bounced cheque must only be filed at the place where the bank dishonoured it, settling doubts raised by its own earlier conflicting judgments on the jurisdiction of a magistrate.

Some judgments had specified the place where the cheque was issued, others from where the notice of dishonour was sent and still others the place of receipt. Owing to this confusion in law, the matter was referred to a larger bench of the SC.

A three-judge bench headed by T S Thakur unanimously laid down that the place of dishonour is the right place to file a complaint. However, to avoid inconvenience to persons already prosecuting such cases, the new rule is to come into force only with respect to cases in the future. Those in which trials have begun will remain in the same courts.

The judgment was delivered on a large number of appeals, including those moved by Videocon Industries and Kitchen Appliances Ltd, which raised the question of jurisdiction of the magistrate who can try cases under Section 138 of the Negotiable Instruments Act. According to this provision, it is an offence to issue cheques without a sufficient balance in the account, if the payment is made to discharge a debt or liability. If the amount is not paid within two weeks, the payee can file a criminal complaint.

This is the second major ruling in recent months dealing with this Act. There are a little more than four million cheque-bounce cases at courts. In April, another bench issued a series of guidelines, including issuance of summons through e-mails and completion of evidence within three months.

P.S. The relevant Judgment would be updated as soon as it is available… source for the above is BusinessStandard.com.

Filed Under: India, Law, Precedents

SC: Liability in case of Joint Account Holders

June 11, 2014 By LegalSolutions.in Leave a Comment

The Supreme Court of India in the matter of Aparna A Shah Vs. Sheth Developers (P) Ltd held that the joint account holder cannot be held liable unless he has also signed and issued the cheque in question. In other words, all persons to the joint … [Continue reading]

Filed Under: India, Precedents

Judgment: Supreme Court lays down guidelines for speedy disposal of Cheque Bounce cases

April 26, 2014 By LegalSolutions.in 1 Comment

Honorable Supreme Court has come up with the guidelines for speedy disposal of Cheque Bounce cases as a part of the judgment delivered by a Bench comprising Justices KS Radhakrishnan and Vikramajit Sen on a public interest litigation (PIL) filed by … [Continue reading]

Filed Under: India, News

Judgment: Indian Bank Association Versus Union of India PIL SC WP(C) NO.18 OF 2013 (21 April 2014)

April 24, 2014 By LegalSolutions.in Leave a Comment

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.18 OF 2013 Indian Bank Association and others … Petitioners Versus Union of India and others … Respondents J U D G M E N T K.S. … [Continue reading]

Filed Under: India, Precedents

Cheque Bounce Case can be settled at any stage: Delhi High Court

January 10, 2014 By LegalSolutions.in Leave a Comment

The Delhi High Court has held an accused in a cheque bounce/dishonour case can settle the issue with the complainant even outside the court at any stage prior to the execution of punishment. "There is no legal bar to the compounding of such an … [Continue reading]

Filed Under: India, Precedents

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  • Supreme Court: Place to file complaint in case of Cheque Bounce matter
  • SC: Liability in case of Joint Account Holders
  • Judgment: Supreme Court lays down guidelines for speedy disposal of Cheque Bounce cases
  • Judgment: Indian Bank Association Versus Union of India PIL SC WP(C) NO.18 OF 2013 (21 April 2014)
  • Cheque Bounce Case can be settled at any stage: Delhi High Court

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