A man may confront criminal procedures if a cheque issued by him gets disrespected on the ground that his mark does not coordinate the example signature accessible with the bank, the Supreme Court has said.
A Bench of judges T.S. Thakur and Gyan Sudha Mishra put aside the decision of Gujarat High Court which had held that criminal procedures for disrespecting of check can be started just when the cheque is shamed in view of absence of adequate sum in the financial balance and not on the off chance that where a cheque is returned because of crisscross of mark of record holder.
"Similarly as shame of a keep an eye on the ground that the record has been shut is a disrespect falling in the principal possibility alluded to in Section 138 of Negotiable Instrument Act, so likewise shame on the ground that the 'marks don't coordinate' or that the 'picture isn't discovered', which too suggests that the example marks don't coordinate the marks on the cheque would constitute a disrespect inside the significance of Section 138 of the Act," the seat said.
"Disrespect by virtue of such changes that may happen over the span of customary business of an organization, association or an individual may not constitute an offense without anyone else in light of the fact that such a shame keeping in mind the end goal to meet all requirements for indictment under Section 138 should must be gone before by a statutory notice where the drawer is called upon and has the chance to mastermind the installment of the sum secured by the cheque," it said.
"In the event that the cheque shame is headstrong, the defaulter can be arraigned under Section 138 of Negotiable Instruments Act, 1881 or Sec 417 and 420 of the Indian Penal Code (IPC) 1960. Under Section 138, the wronged gathering may send you a legitimate notice first. In the event that you are discovered liable as a hardheaded defaulter, you can be rebuffed with a jail term of two years as well as a fine as high as double the cheque sum," educates Shetty.
Under Sec 417 and 420, a non-bailable quick warrant can be issued. Nonetheless, in both the cases, an instance of deceiving must be demonstrated. On the off chance that more than 1 cheque is bounced, the payee can record isolate suits against each disrespected cheque, which can compound issues for the defaulter.
The payee, in any case, can't straight away go the lawful way. "He can re-show the returned cheque inside 3 months from the date of the cheque, giving another opportunity to the issuer. If it is restored the second time as well, at that point he can go the legitimate route within 30 days of the receipt of Cheque Return Memo. On receipt of a lawful notice or summons, the defaulter can settle the installment genially out of the court whenever or continue with a legal counselor for hearing, at the court where the protestation has been enlisted,"