The Negotiable Instruments Act 138
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Negotiable Instrument Act, 1881
The law on criminalisation of cheque bounce cases is largely discussed by constitutional courts day in and out, but still there are several grey areas where ambiguity and unequivocalness is persisting. The Negotiable Instrument Act 1881 is a complete code but chapter XVII that speaks about offences of cheque bounce cases and the penalties thereof. There are various concepts like rule of presumption, summary trial, evidences on affidavit, offences by directors and incorporations, compounding of offences under this Act, condonation of delay in filing of complaints among others wherein different school of jurisprudence developed and many of them differed with one another. Besides this, a voice is also raised by many legal luminaries that the offences of cheque bounce cases under section 138 of NI Act may be decriminalised. This book has tried to highlight all these inter-connected issues with the help of recent case laws decided by Supreme Court of India and other High Courts across the nation.