However, the sections 138 to 142 of the said Act were found deficient in dealing with dishonour of cheques. Thereby, the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, inter alia, amended sections 138, 141 and 142 and inserted new sections 143 to 147 in the said Act.
Negotiable Instruments Act, 1881 is an act in India dating from the British colonial rule, that is still in force largely unchanged.
History[edit]
The history of the present Act is a long one. The Act was originally drafted in 1866 by the 3rd Indian Law Commission and introduced in December 1867 in the Council and it was referred to a Select Committee. Objections were raised by the mercantile community to the numerous deviations from the English Law in which it contained. The Bill had to be redrafted in 1877. After the lapse of a sufficient period for criticism by the Local Governments, the High Courts and the chambers of commerce, the Bill was revised by a Select Committee. In spite of this Bill could not reach the final stage. In 1880 by the Order of the Secretary of State, the Bill had to be referred to a new Law Commission. On the recommendation of the new Law Commission, the Bill was re-drafted and again it was sent to a Select Committee which adopted most of the additions recommended by the new Law Commission. The draft thus prepared for the fourth time was introduced in the Council and was passed into law in 1881 being the Negotiable Instruments Act, 1881 (Act No.26 of 1881)[1]
The most important class of Credit Instruments that evolved in India were termed Hundi. Their use was most widespread in the twelfth century and has continued till today. In a sense, they represent the oldest surviving form of credit instrument. These were used in trade and credit transactions; they were used as remittance instruments for the purpose of transfer of funds from one place to another. In Modern era Hundi served as traveller's cheques.[2]
According to Section 13 of the Negotiable Instruments Act, 'A negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer.'[3] But in Section 1, it is also described that Local extent, Saving of usage relating to hundis, etc., Commencement. -It extends to the whole of India but nothing herein contained affects the Indian Paper Currency Act, 1871, Section 2, or affects any local usage relating to any instrument in an oriental language. Provided that such usages may be excluded by any words in the body of the instrument, which indicate an intention that the legal relations of the parties thereto shall be governed by this Act; and it shall come
Main Types of Negotiable Instruments are:
Modern day[edit]
We prefer to carry a small piece of paper known as Cheque rather than carrying the currency worth the value of the Cheque. Before 1988 there being no provision to restrain the person issuing the Cheque without having sufficient funds in his account. Of course on Dishonoured cheque there is a civil liability accrued. In order to ensure promptitude and remedy against the defaulters of the Negotiable Instrument a criminal remedy of penalty was inserted in Negotiable Instruments Act, 1881 by amending it with Negotiable Instruments Act, 1988.[3]
With the insertion of these provisions in the Act the situation certainly improved and the instances of dishonour have relatively come down but on account of application of different interpretative techniques by different High Courts on different provisions of the Act it further compounded and complicated the situation although on dishonour of cheques the trends of the verdicts of the Supreme Court of India
Parliament enacted the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (55 of 2002), which is intended to plug the loopholes. This amendment Act inserts five new sections from 143 to 147 touching various limbs of the parent Act and Cheque truncation through digitally were also included and the amendment Act has been recently brought into force on Feb. 6, 2003.[3]
Statutory definitions[edit]
Some of the important definitions of the Act are:
Dishonour of certain cheques for insufficiency of funds[edit]
Another very important section is presumptions as to Negotiable Instruments under Section 118 of the Act.
By change in N.I. act from April 1st 2016 cheque once dishonor due to insufficient funds can not be presented again.(citation needed).
Six of the offence under Section 138[edit]
It is manifest that to constitute an offence under Section 138 of the Act, the following ingredients are required to be fulfilled:[9]
References[edit]
External Links[edit]
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Negotiable_Instruments_Act,_1881&oldid=893887791'
CHEQUE DISHONOUR LAW OF BANGLADESH
DISHONOUR CHEQUES FOR INSUFFICIENCY OF FUND
(Provisions Relating cheque dishonour described in the sections 138, 138A, 139A, 140 and 141 of The Negotiable Instruments Act 1881) Sec:- 138) Dishonour of cheque for insufficiency , etc. of funds in the account:-Where any cheque drawn by a person on an account mentioned by him with a banker for payment of any amount of money to another person from out that account ** is returned by the bank un paid , either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceed the amount arranged to be paid from that account by an agreement made with that bank , such person shall be deemed to have committed an offense and shall without prejudice to any other provision of this act , be punished with imprisonment for term which may extend to one year or with fine which may extend to trice the amount of the cheque or with both. Continue reading Comments are closed.
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