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Chequered History of Cheque Dishonour Sections 138 to 142 of the Negotiable Instruments Act, 1881 - An Analysis

By Dr. T. Ramasamy

Published In

Cr LJ 2003

Prior to the year 1988, the drawer of a cheque could not be fastened with criminal liability for cheating merely on the ground that the cheque was dishonoured for want of funds. Such a dishonour, if proved that the drawer was guilty of cheating, could fasten the drawer with criminal liability under Section 420 of IPC. Sections 138 to 142, constituting Chapter XVII were inserted by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988. These new provisions were aimed at enhancing the acceptability of cheques in settlement of liabilities by making the drawer liable for penalties in case of bouncing of cheques due to insufficiency of funds in the accounts or for the reason that it exceeds arrangement made by the drawer, with adequate safeguards to prevent harassment of honest drawers. The drawing of a cheque which gets dishonoured on presentation to the drawee-bank is, subject to certain conditions, deemed to be an offence puni ....

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