Legal remedies in a cheque bounce case or criminal defenses in a cheque bounce case are very limited. The primary evidence in a chequ bounce case is the discharge of legitimate debt and the issuance of cheque in furtherance to the discharge of the legal debt. Obtaining regular bail in a cheque bounce case is quite easy as compared to other criminal offenses. An offense of cheque bounce is a quasi criminal offense.”
A cheque bouncing case occurs when a bank sends back any cheques unpaid owing to a lack of cash in the drawer’s account, among other things. It’s also known as dishonouring of cheques. The drawer is the one who legally issues the cheque, while the drawee is the one who receives the cheque. It is a breach of the drawer’s obligation to pay the drawee.
The dishonour of a cheque for inadequacy, etc., of money in the account is covered under Section 138 of the Negotiable Instruments Act, 1881. When a person with a bank account issues a cheque to another her person for the payment of a certain sum of money out of that bank account to discharge, wholly or partly, any sum in debt or due to any other liability, the bank returns the cheque unpaid either because the amount of money in the credit in that bank account is either insufficient or deficient.
Such person or bank account holder shall be deemed to have committed a cheque dishonouring offence, and shall, without bias to any other clauses of the Negotiable Instruments Act of 1881, be punished with a maximum sentence of one year in prison or a fine of twice the amount stated in the cheque, or both. Yet, a violation of this provision is both bailable and non-cognizable.
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ID #57167
Published 2 years ago
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