N. i 138
sanjay
(Querist) 28 June 2015
This query is : Resolved
Below is the Cabinet Approval . However, I am not clear whether this has become ordinance or not ?? Can a Judge use this ruling by cabinet and pass the judgment ?? How can I get an official copy to produce this in the court ?? Thanks and appreciate some inside on this information
Recently The union cabinet on Wednesday decided to promulgate an ordinance to amend the Negotiable Instruments Act to provide for filing of cases about dud cheques at places where these are presented.
"The cabinet has given its approval for the proposal to promulgate the Negotiable Instruments (Amendment) Ordinance, 2015," an official release said.
It said that the proposed amendments to the Negotiable Instruments Act, 1881 ("The NI Act") were focused on clarifying the jurisdiction related issues for filing cases for offence committed under section 138 of the Act.
"The clarification of jurisdictional issues may be desirable as this would be in the interests of the complainant and would also ensure a fair trial," the release said.
It said that clarity on jurisdictional issue for cases of cheque bouncing would increase the credibility of the cheque as a financial instrument.
Section 138 of the NI Act deals with the offences related to dishonour of cheque for insufficiency of funds in the drawer's account.
The Negotiable Instruments (Amendment) Bill, 2015 was passed in the Lok Sabha last month but could not be taken up in the Rajya Sabha.
The release said that the objective of the ordinance is to ensure fair trial keeping in view interests of the complainant by clarifying the territorial jurisdiction for cases for dishonour of cheques.
Anirudh
(Expert) 28 June 2015
Ordinance already stands promulgated.
sanjay
(Querist) 28 June 2015
Sir,
When you say "Ordinance already stands promulgated" - It means it is in the system. how can I get an official copy ?? In one of the paper clipping - I saw it is proposed .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 June 2015
The ordinance has been issued by the PRESIDENT and is effective from 15th June 2015.
Some experts had given link in this section also where it is published. Pl check or send email for official Gazette version.
AND FOR EXISTING / PENDING CASES IT IS A BOON FOR THE ACCUSED TO COME OUT OF THE TRIAL AT INITIAL STAGE IT SELF DUE TO SOME WORDINGS OF THE ORDINANCE.
EVEN FOR NEW CASES IF THE SAME ARE NOT FILED KEEPING IN VIEW OF THE CHANGED PROVISIONS.
Rajendra K Goyal
(Expert) 28 June 2015
You can visit:
http://www.livelaw.in/negotiable-instruments-amendment-ordinance-2015-promulgated/
or
http://taxguru.in/corporate-law/president-assents-negotiable-instruments-amendment-ordinance-2015.html
Raj Kumar Makkad
(Expert) 30 June 2015
The law has now been framed which can be visited on the links provided by Rajender G Goyal.
