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- Title
COURTS' JURISDICTION FOR TAKING COGNIZANCE OF CRIMINAL COMPLAINTS FILED UNDER SECTION 142 OF NEGOTIABLE INSTRUMENTS ACT 1881 - THE NEGOTIABLE INSTRUMENTS (AMENDMENT) ACT 2015 - IT'S CAUSE AND CURE.
- Authors
FRANCIS GNANASEKAR, I.; MOHAMED MISKEEN, S. M.
- Abstract
This paper attempts to describe the criminal liability for offence committed in cheque bouncing cases, the new chapter XVII containing sections 138 - 142 was inserted, in the Negotiable Instrument Act 1881, by amendment made by Act 66 of 1988 with effect from 01.04.1989. When the cheque presented for collection was returned unpaid by the drawee bank, for the reason "insufficient funds" in the drawer's account or that the cheque amount exceeded the amount arranged to be paid, the drawer of the cheque shall, notwithstanding any other provision in the Code of Criminal Procedure, be deemed to have committed a criminal offence warranting sentence of imprisonment which may extend to two years or fine which may extend to twice the cheque amount or both. Not infrequently, the complainants are faced with the dilemma to choose the court having territorial jurisdiction to file the complaint. The main objective of the study is to clear the ambiguity, on the point of courts' jurisdiction to take cognizance of the complaints in cheque bouncing cases. For this purpose, various inconsistent decisions of the courts and the amendment made in the N.I. Act in 2015 are analysed in this study. Firstly, the complaint is to be filed before the court where the branch of the bank is situated, where the payee or the holder in due course maintains his account and secondly when the cheque is presented for payment over the counter the complaint is to be filed before the Court where the drawer maintains his account.
- Subjects
CRIMINAL complaints; NEGOTIABLE instruments; LEGISLATIVE amendments; CRIMINAL procedure; JURISDICTION
- Publication
CLEAR International Journal of Research in Commerce & Management, 2016, Vol 7, Issue 12, p20
- ISSN
2249-4561
- Publication type
Article