Chequ bounce case u/s 138 of the negotiable instruments

yes every in bounce is a new cause of action giving rise to the following of the prcess laid under negotiable instrument act , how ever in case of instalments when third or fourth instalment ornay instalment where in a cheque has bounced and if  anotice is given for such bounce all other remaining checks will become redundant and the whole amount becomes due and payable immediately if the lender wants his money how ever  if the cheque is paid and honored the offence will  cease and the instalment willcontinue but if any other cheque subsequently bounces , the first bounce will be notice enough for the borrower in second dishonor of an cheque of instalment a simple notice with the little brief about the earlier dishonor will be sufficent  but it up to court to see whether the borrwer is a habitual offender (criminal mind  and intention is to be  seen  ) or an occcassional offender but in general each cheque bounced will give a searate cause of action afresh and will be a new casue of action callling for legalcompliance of notice under negotiable  instrument act. , Also cheque bounce is an offence without any exception under negotiable instrument act.

Sorry it is very difficult to make sense of what you have written advocate Rakesh.

.TO GET IT STRAIGHT IT IS LIKE THIS FOR EVERY CHECK THAT BOUNCES YOU HAVE TO FILE A NEW CASE AS EVERY TIME DIS HONOR OF CHEQUE IS NEW AND FRESH CASE IN THE EYES OF LAW. AND IT GIVES A NEW CAUSE OF ACTION FOR  THE HOLDR OF CHEQUE IN DUE COURSE AND AGAINST THE PERSON WHO SIGNS THE CHEQUE.

IS IT CLEAR OR STILL ANY DOUBT ? PLEASE INFORM

 

Single cheque bounce gives single cause of action for Ni 138

Adv. Nitish Banka

Adv. Supreme court

That is correct a new dishonor a new cause of action actionable under negotiable instrument act in court  

I think if every action is acooridng to time framed in NI Act, this is possible-----

Criminal Procedure Code, 1973, Sec. 219 and 220 and Negotiable Instruments Act, 1881, Sec. 138 - Cheques issued in discharge of financial liability- Though the giving of cheques by the accused to the complainant may be on different dates- But, the all acts of giving those cheques were-merged together to form the same transaction viz., the presentation of the cheques together was on one particular date- As, the demand was also made by the complainant on the dishonouring of the cheques by giving one lawyer's notice and not several demands- Thus, the accused may be charged and tried at one trial for several such offences because the series of acts are so interlinked or inter-connected together so as to form the same transaction of dishonouring the cheques- And it cannot be said that the complaint is vitiated- Thus, a composite lawyer’s notice was issued for different cheques. which were dishonoured together on presentation together and composite complaint was filed. -Uttarakhand HC-NCC-2013 (2)- 102

Single complaint in respect of several cheques not bad- CRIMES-2003(3)-ANDHRA-77.

if you present the cheques in bank on different occassion of the same date cheque as the cheques are valid for six month from the date of its issue  soimmaterial ofthis that the chrques were isued on the same date if the cheques are presented on different date and the cheques are dishonored it each dishonor will give separate cause ofaction though it may be discretionary upon the court to club them together but as a complainanat you have as many cause of action as many times your cheque is dishonored 

remeber it is a criminal offence and separate crimes are delat separately and can not be clubbed togther  may be the punishment of hundred murder is the same that of a single murder but each crime gives a separate cause of action so in case of cheque dishonor is an criminal offence  all further or subsequent dishonor is a separate offence  under section 138 of negotiable instrument act says "dishonor of cheque" and not "dishonor of cheques" so this singular phrase used in this law means each and every single cheque dishonored and not many cheques dishonored  so each heque dishonored is a separate offence under the act .

Gopal Singh Parihar, You seem to have many cheques. If they are by same drawer for the same liability.. Then you can send a single notice and single case can be filed. Pl note that you follow statutory time limit for all the cheques. For example ch1 got dishonered on 15th, ch2 on 18th, ch3 on 20th...then you can send a single notice mentioning all the dishonors keeping the first dishonor date that is 15th as the limitation counting date.

these are all seperate cause of action you may serve them with one notice or different notice if the time lmit for the first cheque  is over  and the second cheque is dishonored there after you will have to send a fresh notice it means every dishoor gives you a fresh cause of action though it may be of the same drawer or diferent drawer. The punishment   14] The payee is not prevented from combing the causes of action by covering multiple instances of dishonour of cheques in single notice, in such a case all the transactions covered by notice  would be  ..9.. regarded as a single transaction permitting a single trial.  However, in a case   where   cheques   were   issued   on   different   dates,   presented   on different dates and separate notices are issued in respect of each default. The transactions cannot be held to be a single transaction.  Section 219 of Cr.P.C. will not be attracted to such cases.   Rajendra Vs. State of Mah. 2007,  (1) Mh L.J. 370.