Cheque dishonour cases come under the Negotiable Instruments Act.

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THE NEGOTIABLE INSTRUMENTS  ACT is a penal provision wherein if a person draws a cheque on an account maintained by him with the Banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part of any debt or other liability, is returned by the Bank unpaid, on the ground either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds 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 offence.

Now the latest law on cheque dishonour i.e. the Negotiable Instruments (Amendment) Act, 2018, has given more teeth’s to the earlier existing law.

MISUSE OF THE LAW – As per the Judgments of Hon’ble Courts, there are instances that the holder of the Cheque misuse the cheque given to him. Some Financial institutions, Banks, financers take the blank signed cheques from their debtors and use those blank cheques later on to file the false cases of Cheque Dishonour as per their suitability.

In some instances a person issues a cheque as security and later the same is misused to file the false case of cheque dishonour.

LEGAL NOTICE PLEA– In some cases the accused takes the plea that he has not received the legal notice as envisaged in the Act. Then in this condition, there are several judgments of the courts that the person who takes the plea of non- receiving of the legal notice can make the payment of Dishonour Cheque within 15 days of receiving the Summons from the court.

It is important to mention that sending the Legal Notice for asking the payment of dishonour cheque is the main requirement prior to filing the case in court.

Legal notice to be sent, served and presumed to be served if sent to the last known correct address of the drawer of the cheque. If the notice is not sent or sent on the wrong address then no cause of action arises to file the complaint of cheque dishonour. 

FALSE DEFENCE BY ACCUSED-There is a growing trend among the accused persons that they take the defence in cheque dishonour cases that the cheque was given as security for the loan amount they had taken from the complainant and they have already paid the loan amount in cash but the complainant not returned their cheque and now misused the same for filing the false case of cheque dishonour.

For the above stated contention, the Hon’ble Courts have passed the judgments dismissed the above stated baseless defence. The courts stated that, do you take any receipt towards the returning of the loan amount, if not why. The courts also stated that did you sent any legal notice to complainant for not returning of your cheque despite you paid the loan amount. Did you ever made any police complaint against the complainant for illegally keeping your cheque?