Cheque Dishonour

the balance is short - and account holder must have informed bank that he/she is arranging for funds but could not do in time hence bank returned the chq with remarks "not arranged for" you can again deposit the chq and the intensity of economic offence decreases. It can be taken into account that the drawee wanted to pay the amount of chq but could not arranged in time. But under N. I. Act, the chq dishonoured and returned unpaid with any reason that is payment is denied or not paid is an offence, but the penalty would be less considering his attitude may be rather positive.

DEAR SIR ,

"NOT ARRANGED" ALSO MEANS " FUND INSUFFICIENT "  AND HE CAN BE VERY WELL PROSECUTED U/S  138  OF NI  ACT.

BUT, I HAVE A DIFFERENT OPENION ON THE QUANTUM OF PUNISHMENT.ONCE THE INGREDIENTS OF 138 ARE SATISFIED ,ACCUSED SHALL BE PUNISHED ACCORDINGLY. HE WAS READY TO PAY , BUT HE COULDNOT ARRANGE, IS NOT SUFFICIENT FOR A REDUCED PUNISHMENT.

CRIMINAL COURTS WILL CONSIDER REDUCTION IN QUANTUM OF PUNISHMENT, ONLY ON CERTAIN MITIGATING CIRCUMSTANCES SUCH AS OLD AGE, SICK  OR INFIRM PERSON  etc

less amount thn the amout of check

Dear Mr. Chetan,

The term clearly comes under the purview "FUNDS INSUFFICIENT",  and the said term clearly comes under the purview of Section 138, N I Act.  And you may commence the proceedings under the same.

hi, 

i m agree with your opinion...

Light is white but when it is passed through PRISM  it is converted into seven different colors  which are totally contradictory with each other. THIS IS POWER OF CROSS, POWER OF DEFENSE.

It is applicable in all cases and particularly easy to demolish any cheque bounce case by properly conducted cross examination of complainant and its witnesses.

IF YOU ARE FOR THE ACCUSED EVEN AFTER BOUNCE THERE ARE NO OF EASCAPE ROUTES TO WIN THE CASE.

Dear Sir,

The meaning is similar to insufficient fund and hence you are eligible to file a case u/s 138 for cheque bouncing.

Sincerely,

Advocate Reeti Shah

reeti@corpusjurislaw.com