Asked in Law at 12:38 PM on September 01, 2009
Tags: sec punishment cheque bounce yrs imprisonment
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Court will punish him again and award imprisonment.
Answered by Goutam at 7:30 PM on September 01, 2009
It for the punishment of the cheque bounce. Under this act one held guily under forgery and liable for punishment base on the amount of cheque value.
in front of the judge who can increase his punishment to Ten years , we have to speak for him .He has not conducted anything wrong after that and my God 14 years have past , Do anyone in this country think that he is again going to conduct a crime , NO , not even the judge think so , In India the purpose of punishment is to correction of a person but if a person has already been corrected than whats the point
the account by an agreement with that bankThus, the dishonour of the cheque by the bank under the above mentioned circumstances shall constitute an offence and the offender is liable to be punished u/s.138 of N, before the cheque is presented for collection, close their account and plead that they did not commit offence punishable under S.138 of the Act. The purpose of introducing S.138 of the act in the statute
The authority, who issued and submitted as security.
Once th cheque has been given and it is dishonoured on the presentation. Its attacact criminal liablity Under section 138 of N.I.Act, where there is provision for the impriosnment for 2 years
The offence under Sec. 138 of the Act can be completed only with the concatenation of a number of acts. Following are the acts, which are components of the said offence; 1. Drawing of the cheque, 2. Presentation of the cheque to the bank, 3. Returning the cheque unpaid by the drawee bank, 4. Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount. 5. failure of the drawer
the Bank that the cheque has bounced.The relevant section in negatiable Instruments ACt.138. Dishonour of cheque for insufficiency, etc., of funds in the accounts Where any cheque drawn by a person by the bank unpaid, 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