ગુજરાતી
English
22 December 2024
There are 4.73 lakh cases of check bounce pending in the courts of Gujarat. Gujarat ranks third in the country. According to the National Judicial Data Grid, Rajasthan has the highest number of cases at 6.41 lakh. While Maharashtra ranks second with 5.89 lakh. The crime has been registered under Section 138 of the Negotiable Instruments Act.
A pilot study was also conducted in the top 5 states with the highest number of pending check bounce cases. There are many reasons responsible for check bounce. In which the amount written on the check is not in the bank account, the account of the check giver is closed, error in writing a word, error in account number, overwriting, the check has expired, there is no stamp on the company’s check. Check bounce is a punishable offense under the Negotiable Instruments Act. There is a provision of 2 years imprisonment and fine or both.
State – Pending crimes in lakhs
Rajasthan – 6.41 lakh
Maharashtra – 5.89
Gujarat – 4.73
Delhi – 4.54
Uttar Pradesh – 3.76
5. Bengal – 2.86
Haryana – 2.40
Madhya Pradesh – 1.92
Tamil Nadu – 1.51
Punjab – 1.50
Online transactions are increasing rapidly. Generally, cheques are used for large transactions. There can be fines and jail as well.
The penalty for cheque bounce can range from Rs 150 to Rs 750 or Rs 800. Or imprisonment up to 2 years or fine up to twice the amount of the cheque or both.
Supreme Court
As per the order of the Supreme Court, now three special courts are being set up in the Metropolitan Court of Ahmedabad from 2022.
Currently 11 courts are running for cheque return cases.
More than two lakh cases were pending under Section 138 of the Negotiable Instruments Act.
With effect from 01.04.1989, cheques returned due to insufficient balance were made punishable. These provisions have to be fulfilled within 6 months from 06.02.2003.
Out of the total 2.31 crore cases pending across the country in 2021, 35.16 lakh cases were related to cheque returns only.
Under Section 202 of the Code of Criminal Procedure, it will not be necessary to summon witnesses in person. A witness can testify through affidavit.
According to Section 219 of the Code of Criminal Procedure, when a person commits more than 1 offence within 12 months, the offence should be tried as a single case. This 12-month “ban” leads to an increase in the number of cases. This change is necessary in the case of cheque bounce and cheques issued in the same transaction can be run as one case even if they are more than 12 months old. This will reduce the number of cases.
A method should be implemented by the court that when summons has been served in one case, it should be assumed that summons have been served in other cases in respect of the complainant and the accused.
Service of summons in cheque bounce cases V. A committee has been formed under the chairmanship of retired judge RC Chauhan of Bombay High Court to study the changes in the modus operandi of such issues and to think about the need for more courts in such cases. Which will give its conclusion for these cases.
It is actually necessary to settle the cheque bounce cases within 6 months. But hardly any cheque return case in the whole country will be completed in such a time.
What to do in case of cheque bounce – In case of cheque bounce, first of all a legal notice has to be sent to the cheque issuer within a month.
In this notice, the check given by them has bounced, now they have to pay the amount of that check within 15 days. After this you have to wait for 15 days, if the person who issued the check pays the money within 15 days, then it is fine even after sending a proper notice, if the debtor does not respond within 15 days, then the creditor can take civil action. A case can be filed against him in the court under section 138 of the Negotiable Instruments Act 1881.
A case can be filed under section 138 if any kind of debt or outstanding money is not recovered or payment is not received after a transaction between two parties. If the check bounces to close the loan, then a case can be filed against him under section 138. In such a situation, you may have to pay double the amount with interest and 2 years of jail to the person who issued the check. Keep in mind that the case will be filed where you live. (Google translation from Gujarati)
