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adityagundecha (lawyer)     08 September 2014

138 ni act

what is the difference between the latest judgement of mumbai HC AND SCC JUDGEMENT in the matter of dishonoured cheques??????  i have attach the latest judgement of mumbai HC.



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 1 Replies

dr g balakrishnan (advocate/counsel supreme court)     09 September 2014

one thing is certain no where in world cheque bouncing is a criminal offence. better PIL shd be filed to sever sec 138 in NIA Act 1881, for it violates fundamental rights.

 

secondly sec 138 is a most misused sec that would up several companies and several thousands of employees rendered jobless.

 

Government is heartless as tis section was to use for bank loans but that section is used on one and all, besides several who could not pay immediately are sent to jails as accused criminals that is indeed very bad aspect of this section. it is high time that section need be severed under doctrine of severability!


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