The Supreme Court took a big decision in the check bounce case and said – these people cannot be held guilty.

The Supreme Court of the country has taken an important decision in the matter of check bounce. It has been said that no person can be held guilty for check bounce merely because he was a partner in that firm and a guarantor for the loan.
On this, the Supreme Court further said that action cannot be taken against a person under Section 141 merely because the liability under the Partnership Act falls on the partner.

The Supreme Court further said on this matter, “Unless the company or firm commits the offense as a principal accused, the individual will not be liable and cannot be held vicariously liable.

More than 33 lakh check bounce cases
For your information, let us tell you that the Supreme Court was deciding on a petition challenging the conviction of the appellant in case of bounced checks made by a firm. The check had the signature of another partner instead of that person. The firm was not an accused in this complaint.

Check bounce has become a big problem in our country and more than 33 lakh check bounce cases are pending in the courts of the country. Out of which 7.37 cases are from the last 5 months.

Bouncing a check is considered a crime in our country. According to the Negotiable Instruments Act, 1881, a person is prosecuted for check bounce. In such a case, the person may have to face 2 years in jail or a fine double the amount of the check or both. But this will happen only in the case when there is not sufficient balance in the account of the check giver and the bank cancels the cheque.

When is a case filed against check bounce?
The payee is not sued as soon as the check is dishonored. When a check bounces, a receipt is first sent to the creditor by the bank, in which the person has to explain the reason for the check bouncing. Due to which the creditor has to give this notice to the debtor within 30 days. But if no response is received from the debtor within 15 days of the notice, then the check taker can file a complaint in the court within one month from the date of lapse of 15 days of the notice.

Even after this, if the amount is not paid, a case is filed against the person giving the cheque. Check bounce is a punishable offense under Section 138 of the Negotiable Instruments Act and the culprit, i.e. the person giving the cheque, may have to face imprisonment of up to two years or a fine or both.

  • Supreme Court took a big decision in the check bounce case and said – these people cannot be held guilty
  • This 200MP 5G smartphone of Realme will replace iPhone, know its price
  • These songs of Nirahua and Amrapali created a stir, fans made these comments after seeing the romantic chemistry
  • Producer suffered a loss of Rs 3.5 crore due to deletion of bedroom scene from the film ‘Tik Tok’
  • Haryanvi Dancer Sunita: Sunita Baby’s jerks made uncle release the stick from his hand, one of them in front of everyone…
  • Hero Splendor Plus: Bought Splendor’s new bike for only Rs 18000, know the complete process
  • Get TVS Jupiter at a cost of Rs 64, the company is giving great offers, avail the benefits soon.
  • Hero introduced such a unique three-wheeler, it transforms into an electric scooter in 3 minutes, know its features
  • Now all electric cars will be charged while moving here, read full news
  • Apple’s self-driving car is going to make a splash soon, tremendous testing is happening

Source link

Leave a comment