Criminal Liability of the Drawer of a Dishonoured Cheque for Insufficiency of Funds Under Section 138 of the Negotiable Instruments Act, 1881 - Implications and Some Solutions
By
Dr. N. Maheshwara Swamy
,
K. Manik Prabhu
,
Rupendra Mahendra
Introduction
Of late, "dishonour of cheque" for want of sufficient funds as cognizable offence is gaining considerable importance in the arena of criminal jurisprudence. This unexpected socio-economic eventuality is virtually threatening the very social harmony and economic security in the perspective of contractual obligations of the people, thereby prompting the legislature to evolve expeditious remedial measures.
Sections 138 to 142 of Chapter XVII of the Negotiable Instruments Act, 1881 (hereinafter called the Act) which deals with the above aspects of the law of negotiable instruments have come into force from 1-4-1989 vide the Banking Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 with an avowed objective of not only protecting the interests of the genuine drawers of the cheques with a view to give them a final opportunity to make payments in respect of dishonoured cheques, but also imposing pun ....