An Ordinance on the victims of Bounce Cheque – A Detailed Guide
An Ordinance on the victims of Bounce Cheque. An Ordinance (14th in just over a year) that brings smile on the victims of Bounce Cheque, Victims of cheque bounce rule now may have a reason to cheer. The Modi government today came up with another ordinance which enables the harassed victims in cheque bounce cases to file a suit against culpable individuals and entities in the place where cheque was presented for encashment. Now you can scroll down below and check complete details about “An Ordinance on the victims of Bounce Cheque”
An Ordinance on the victims of Bounce Cheque
This amends the Negotiable Instrument Act and overrides a judgment issued by Supreme Court in last August. That judgment read ‘’ the place, situs , or venue of judicial enquiry must logically be restricted to where the drawee bank is located ‘’. The drawee is referred as the bank which shall make the payment. So before the ordinance , the victims of dishonoured cheque had to make endless visits to that city or bank branch that had declined to clear the payment.
There are five different actions that led up to cheque bounce case. These are i) Drawing of cheque ii) presenting the cheque to bank iii) Returning the cheque unpaid by drawee bank iv) Giving notice in write to the drawer of the cheque v) Demanding payment of the amount within 30 days of dishonouring of cheque and failure of drawer to make payment within 15 days of receipt of notice.
This ordinance will revert to the position that that existed after the 1999 ruling and before the 2014 verdict ( the 2014 verdict had overturned 1999 ruling that allowed the victims to file cases in any magistrate court having jurisdiction over the local areas where five different actions took place ).
This ordinance has been widely welcomed. Mr. Sen a chartered accountant quoted ‘’ This was a problem for many of my clients whose cheque payments from big outstation firms had bounce. They had to travel several times to a court in a different city to pursue the case, adding cost of litigation’’
The ordinance also read that if three cases of bounced cheque were against one person or a firm then all these cases can be amalgamated into a single case.