With an aim to further streamline theact, the central government incorporated sections 143a and 148 vide negotiable instruments amendment act, 2018 amended act. Bhat, learned counsel appearing on behalf of the respondent, on the other hand, submitted that the appellant has rightly been found guilty of commission of an offence under section 8 of the act as bouncing of the cheque issued by him carries a mandatory presumption in terms of section 9 read with section 118 a of the act. It extends to the whole of india except the state of jammu and kashmir. Notice format under section 8 negotiable instruments act. An analytical study of the provisions relating to dishonour of cheques under chapter xvii of the negotiable instrument act, 1881 by anjana dave and dr. Cheque bounce casenotice us 8 of ni act to be only for. Complaint us 8 of ni, act has to be filed within 30 days from the date of cause of action i. The following are the other documents necessary to file criminal complaint under section 8 of negotiable instruments act. An offence under section 8 of the negotiable instruments act, 1881 is committed. The relevant extract from section 8 is reproduced below. Section 8 negotiable instruments act as it is at present after.
The notice period of 15 days is over but i have not got reply from this person. An act to define and amend the law relating to promissory notes, bills of exchange and cheques. For filing a complaint, the complainant needs to follow these steps. I act the dishonor of cheque is a criminal offence and is punishable by imprisonment up to two years or with a monetary penalty or with both. The bench reiterates, even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under section 9 of the ni act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. The negotiable instruments act was enacted, in india, in 1881. Mcq on negotiable instruments act with answers in pdf. This appeal having been heard and reserved for orders, coming on for pronouncement of judgment, this day, the court delivered the following. For online services of section 8 of negotiable instruments act, send us a copy of cheque along with the cheque return memo on mail the professional charges for issuance of notice under section 8 of the negotiable instruments act are nominal with very quick services. What is the impact of account closed by drawer on a cheque bouncing case. Notice format under section 8 negotiable instruments act pdf download important. A quick guide action on bouncing of cheque action on bouncing of. Act and, hence, it would be a redundant exercise to go into other negotiable instruments besides cheques.
Section 8 of negotiable instruments act explained in details with case law for better understanding of a common man. Hi i am looking for a draft of notice and complaint u s 8 of the negotiable instruments act 1881 pl provide the same its a urgent documents. Cheque returned with endorsement not a clearing member. Kindly go through the supreme court judgement about us 8 ni act.
The cheque must have been drawn for discharge of existing debt or liability. Dec 22, 20 interpretation andor application of section 142a of the negotiable instruments act, 1881, ni act is in question in this appeal which arises out of a judgment and order dated 12. The ordinance has amended the ni act to, interalia, stipulate the follow. The chief object behind negotiable instruments act was to legalise the system under which negotiableinstruments pass from one hand. The cheque was deposited in the bank just before the end of 3 months period by the complainant payee. Impact of closing of account on cheque bouncing case. Negotiable instruments amend act,2015 format of notice of demand under section 8 of the ni act for dishonour of cheque. Ii an extra provision be added in chapter xvii to ban the prevailing practice of. The main purpose of the amendment is to strengthen the peoples faith in such instruments and also to reduce the unnecessary delay in. Kerala hc read judgment the high court of kerala held that if the drawer admits the. Onus on accused to prove the cheque issued was not in discharge of a debt or liability. Cannot place heavy burden on complainant in cases of s 8 of negotiable instruments act, sc.
Notice under section 8 of negotiable instrument act,1881 for dishonor of cheque for an amount of bdt 50,000. Section 8 of negotiable instruments act is an important provision pertaining to the matter of cheque bouncing. In the negotiable instruments act, 1881 hereinafter referred to as the principal act, after section 143, the following section shall be inserted, namely. Oct 11, 2011 section 8 of the negotiable instruments act, 1881 arun mahadevan slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Format of criminal complaint us 8 of negotiable instruments act against return of cheque. Whether section 8 of negotiable instruments act, 1881, is attracted.
May 14, 2014 let us now see the procedure mandated by the ni, act for filing a complaint for prosecution of the accused. Pdf critical analysis of the law commissions report on the. Since the penal law is based upon the principle of proof beyond doubt, the drawer of a dishonoured cheque was able to easily evade the. Procedure for filing a complaint under section 8, ni act. Defence took the plea of total denial and declined to adduce any evidence.
Apr 19, 2019 the twojudge bench of the supreme court took the view that there was no dispute regarding the proposition that the notice issued under section 8 of the ni act has to be only for the cheque amount and not for any other amount more than the cheque amount. Negotiable instruments act, 1881, section 8 dishonour of cheque dismissal of complaint in default magistrate cannot order restoration of complaint even if complainant shows very good reasons for his failure to be present on the date of dismissal of complaint the only remedy available to the complainant is to approach high court us. The recent supreme court ruling that complaints regarding cheque bounce cases under sec 8 of the negotiable instruments act have to be filed only where the drawee bank is located with retrospective effect causes severe hardship to individual complainants particularly senior citizens in their seventies and eighties, as distinct from. Government has amended the negotiable instruments act, 1881 which may be called the negotiable instruments amendment act, 2018. In some cases the first date is 01021991 or for northern ireland legislation 01012006. That the complainant company had sent a registered legal notice to the accused no. In 2000, the provisions of section 8 which prescribes punishment for. White collar crimes and other corporate offences constitute a very lucrative area of practice for lawyers.
Sec 8 ni act if signature is admitted by drawer, it is immaterial if entries are made by another person. Copy of the resolution authorizing complainants attorney in case of company, firm etc. Onus on accused to prove the cheque issued was not. Section 141 of the said act, in case of offence by company, provides for vicarious liability on every person who, at the time the offence was committed, was in charge of, a. Bouncing of a cheque invites criminal prosecution under section 8 of ni act. One of the main ingredients of the offence of dishonour of cheque under section 8 of the negotiable instruments act, 1881, is that the cheque which is dishonoured must have been given for the discharge, in whole or in part, of any debt or other liability. We provide all services of drafting and vetting of legal formats, legal documents. Amendments to the negotiable instruments act obhan. Below are all six currently available pdfs for official act tests. Complaint us 8 of ni act download format of complaint. Punishment for cheque bounce case us 8 ni act free. Similarly, there are many offences under the new companies act. What should i do to defend a us 8 ni act dishonour of. Time limit and procedure under section 8 of negotiable instruments act.
Pdf negotiable instrument act and cheque used as collateral. M course law on banking and financial institutions. Vicarious liability of director of a company in an offence. Prior to the amendment of the negotiable instruments act, 1881, in the year 1988, whereby sections 8 to 142 were inserted, the act of dishonour of cheque was treated as an offence under the indian penal code. In this post, ill tell you where you can find all official, printable act practice tests with answer keys. Advent of cheques in the market have given a new dimension to the commercial and corporate world, its time when people have preferred to carry and execute a small piece of paper called cheque than carrying the currency worth the value of cheque. Once the execution of cheque is admitted section 9 of the act. Judgment this is the appeal preferred by the complainant being aggrieved by the judgment and order dated 30. Watch the negotiable instruments act 1881,cheque dishonour provision, part 8 with sanyog. Cheque bounce case complete understanding of legality duration.
The president of india has promulgated the negotiable instruments amendment ordinance, 2015 6 of 2015 on 15 th june 2015. The ingredients of the offence as enunciated under sec. This video is meant for every common man who is either a cheque holder or a cheque drawer and also law students who get the provisions contained in section 8 143 of the ni act. Liability of guarantor in a cheque bounce 8 ni act case. The legal notice must elaborate on the existence of a debt or a liability arising out of any transaction between the two parties.
Negotiable instruments act, 1881, section 8, 147, criminal procedure code, 1973, section 320, 362 compounding of offence after verdict of conviction and sentence becomes final in such a case high court can exercise its power us 482 cr. Non delivery of notice under section 8 ni act leads to. The act has been amended time and again to ensure and enhance trust in negotiable instruments. Sep 16, 2017 the negotiable instruments amendment and miscellaneous provisions act, 2002 further extended the term of imprisonment to up to 2 two years. In this context to fill the legal vacuum the negotiable instruments act, 1881 came into. For further information see the editorial practice guide and glossary under help. In furtherance to this, an amendment to the act has been passed by introducing the negotiable instruments amendment bill, 2017 which. Negotiable instruments act most litigated issue on. Section 8 is selfcontained in so far as it creates an offence and prescribes the punishment. Sir, i am getting a vehicle in loan from indusind bank ltd, balasore branch,odisha, against 24 post dated cheque, i have bouncing 6 cheques but now bank is file a case worth amount. The act has been amended time and again to ensure and enhance the trust in negotiable instruments. Read all latest updates on and about section 8 ni act. Notice format under section 8 negotiable instruments act pdf download notice format under section 8 negotiable instruments act pdf download we provide all services of drafting and vetting of legal formats, legal documents. Section 8 of the negotiable instruments act, 1881for short ni act or the said act makes dishonor of cheques for insufficiency of funds in the account a criminal offence.
To attract the provisions of section 8 ni act, the cheque should be presented with the bank on which it i drawn if the cheque is not presented to the bank on which it is drawn, then provisions of sec 8 would not be attracted. A promissory note, bill of exchange or cheque payable either to order or to bearer is called negotiable instrument how many total sections are there in the negotiable instruments act. Section 8 negotiable instruments act, 1881 an in depth analysis. Prior to its enactment, the provision of the english negotiable instrument act were applicable in india, and the present act is also based on the english act with certain modifications. The ordinance provides for determination of territorial jurisdiction of courts for trying cases relating to offence of dishonour of cheques under section 8 of the negotiable instruments act, 1881 ni act. All question related to section 8 negotiable instrument. Below are links to pdfs of past official act tests. The delay in the complaint can be waived if the complainant gives it a sufficient reason. I act is applicable for the cases of dishonor of cheque.
Notice under section 8 of negotiable instrument act, 1881. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge. Return of cheque, how to file criminal complaint with court. Section 8 casts a criminal liability punishable with imprisonment or fine or with both on a person who issues a cheque towards discharge of a debt or liability as a whole or in part and the cheque is dishonoured by the bank on presentation.
Where any cheque drawn by a person on an account maintained by him with a 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, either because of the amount of money standing to. That on being received summon the accused person has appeared before the court. Dishonour of cheque section 8 of the negotiable instruments act. Procedure laid down under n i act for trial of 8 cases and. The negotiable instruments act 1881 cheque dishonour provision.
Ill also give you key strategies to help you make big improvements on each practice test. Dear sir, we act on behalf of our client above named who has instructed us to serve upon you this notice under following terms and conditions. Act delay of 25 days in filing complaint after issuing a hand note high court quashed the complaint as barred by limitation apex court held that since there is no opportunity for explaining delay as the complaint strongly believed that he filed complaint from statutory notice and since. Magistrates in delhi in which cognizance has b een taken by them without actually. Whereas it is expedient to define and amend the law relating to, promissory notes, bills of exchange and cheques. That our client is a reputed businessman and honourable person in his area. May 11, 2014 revised sc guideline in cheque bounce cases us. The negotiable instruments act 1881 the negotiableinstruments act 1881 came into being as an act to defineand amend the law relatingto promissory notes, bill of exchange and cheques.
Provided that nothing contained in this section shall apply unless. The first date in the timeline will usually be the earliest date when the provision came into force. Our private limited company having 3 directors, issued security cheques to another private limited company for the purchase of some materials. The supreme court recently held that in cases under section8 of the negotiable instruments act ni act, the burden cannot be placed on the complainant. Act practice test 1 form 1mc act practice test 2 form 2mc act practice test 3 form 3mc act practice test 4 form 66f act practice test 5 form 67a act practice test 6 form 16mc1 act practice test 7 form 16mc2 act practice test 8 form 16mc3. Official act practice tests free online and pdf tests testive. The word negotiable means transferable with respect to consideration and instrument is a written document which creates a right in favour of a person. The amendments to the negotiable instruments act, 1881 the ni act are focused on clarifying the jurisdiction related issues for filing cases for offence committed us 8 of the ni act.
The negotiable instruments act, 1881 act was implemented with the intention of amending the law related to promissory notes, bills of exchange and cheques. Ihave issued a legal notice through a lawyer to a person who has given me a cheque which got bounced. The concept of taking cognizance of the offence but not the offender in the context of the code of criminal procedure, 1973 crpc, is not applicable to proceedings under section 8 of the negotiable instruments act 1881 ni act. According to international norms, a cheque is a bill of exchange drawn on a bank and. The practical lawyer recent amendment to the negotiable. Section 8 of the said act provides for penalties in case of dishonour of. May 21, 2016 defence of accused under section 8 of negotiable instruments act. Landmark supreme court judgment on sec 8 of negotiable. Through this judgment, sc provides relief to the holders of bounced cheques under the provisions of the negotiable instruments act what is a negotiable instrument. Section 8 of negotiable instruments act legal helpline. Section 8 negotiable instruments act in hindi helpline. My advise is if you have the debt or obligation best to talk to the payee and get into some arrangement where you can make the payments over a period of time or make an offer of settlement or pay off the obligation if you really have one. Section of the negotiable instruments act states that a negotiable instrument is a promissory note, bill of exchange or a cheque payable either to order or to bearer.
Basics of drafting a legal notice under section 8 of the. The instant appeal is directed against judgment dated november 23, 2006, rendered by the learned single judge of punjab and haryana high court, in criminal appeal no. Oct 15, 2014 supreme court changes ground rule under section 8 of negotiable instruments act to prosecute a person who had presented the cheque which bounced for insufficiency of funds. Dishonour of cheque given as security whether offence. An offence committed under section 8 is a noncognizable offence a case in which a police officer cannot arrest the accused without an arrest warrant. The substance of accusation under section 8 ni act was explained to him which he pleaded not guilty but claimed for trial. For example, the information technology act created many new offences which come within the ambit of cyber crime. If you continue browsing the site, you agree to the use of cookies on this website. Legal procedure in case of cheque bounce section 8. Section 8 negotiable instruments act, 1881 an in depth. Punishment for cheque bounce case us 8 ni act answered by expert chequebounce lawyer. Expected mcq on negotiable instruments act with answers.
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