KANOON KE HAATH

CHEQUE BOUNCE PROCEDURE / SHORTICLE - 2 The offence of Cheque Bounce is quite common and therefore, the cases of these kind of offences have reached to such huge quantities that the Magistrate Courts have started clogging because of the ever-increasing cases pertaining to cheque bouncing. The routine nature of this offence, in a way or another, cautions that this can happen with you too, so better be prepared! Let us first consider a practical situation: AKBAR , a shop owner in a flee-market in Mumbai, sells clothes of copied brands (like Adibas, Nikee etc.) to public, for which he purchases such clothes in bulk from his distributor, BIRBAL , since last 2 years. Akbar had taken Rs. 50,000/- worth Adibas clothes on credit from BIRBAL during December 2020, and due to COVID-19 he was not able to pay any money to BIRBAL. However, BIRBAL remembers that on the first day of business in the year 2019, AKBAR had given 01 signed undated Security Cheque of Rs. 50,000/- to BIRBAL in case...

  INTRODUCTION POST While the offence of “Cheque Bounce”, in the opinion of the Supreme Court, is a legit “criminal offence” in the skin of a “civil offence” surrounding, however, the phrase “cheque bounce” is a relatable term for many Indian households, either by virtue of them being involved in the offence or maybe their parents/relatives involved in the same, at some or the other point of time. Having worked on several cheque bounce offences during my small advocacy career (ongoing), I have realized something about the clients belonging to non-legal background. They always tend to have 50% knowledge about the functioning and procedural knowledge of a cheque bounce court proceedings, which is both a vice and a virtue for them. Through this 2 nd Shorticle Series “ CHEQUE BOUNCE PROCEEDINGS IN INDIAN COURTS ” , I will make sure that an individual has enough knowledge about the cheque bounce case procedure, so as to minimize the surprise factor during the hearings of his case....