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Cheque Bounce case NI Act Sec 138 | Explained in Hindi - YouTube
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Now there will be no punishment
if the cheque bounces
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Because the government is ending
the cases of cheque bounces.
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what is the proposal?
Now there will be no jail?
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Or is something changing in this?
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We will know today, in this full video.
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[Intro Music]
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Hello friends,
I am advocate Naman Mohnot,
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you are watching Legal Shots.
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A channel that gives you each
and every information related to law.
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Before starting the video,
I will tell you only one thing
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don't forget to subscribe to this channel,
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So that we keep bringing you
the informative videos like this.
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Today we are talking about
check bounce cases.
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Recently, the Government of India
has issued a proposal,
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they floated a scheme.
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And they have asked the
opinion of the people that
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that you tell us whether cheque bounce
cases should be decriminalized?
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That is, the cases of Section 138 of the NI Act
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which we often heard about
that cheque has bounced
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And whatever action is taken at
the moment, whatever cases are made.
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Should those cases be closed?
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Because the government has asked
people by issuing such a scheme
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you tell us whether we should decriminalize
the cheque bounce cases?
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Although, questions have been
asked from the people on this but
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today, a debate has started
in the whole country on this.
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Whether cases of cheque
bounces should remain or not?
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First of all, let us know
know what this is.
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Friends, 138 of NI act provision says that
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that if you have given any cheque to anyone,
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And if that cheque bounces
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there are so many reasons for bounced
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Either you don't have enough
money in your account,
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or you have closed the account
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Or have given a direction to your bank
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that no check should be
cleared from my account.
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In this case, the cheque bounces
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You have to send a cheque bounce notice
within 30 days of the cheque bounce
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if you don't reply to it.
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You have the time of 15 days for this
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If you don't replay it in that
15 days, then within 1 month
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the person whose check is bounced,
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the complainant or the victim
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will go to his respective NI court,
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and he can file a cheque
bounce case against you.
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And when it is proved in the
court that the cheque is bounced,
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then there is a provision
of imprisonment up to 2 years
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as well as the amount of the cheque in it.
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The court can also order payment
of a double amount from that.
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So these are the proceedings of NI court.
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Mostly even today, if cases
are pending in India,
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then the reason for that is the NI act.
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But it was made for those
who are the bonafide seller
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that are selling you stuff, who
genuinely sold their stuff to you.
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If someone defaults the payment in that
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Then, for his protection, for his safety,
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this section was introduced
in the Government of India.
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So many amendments
came during this.
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For example, the trial should
be completed in 6 months
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The trial should be
conducted from day to day.
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The question arose about jurisdiction
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That is, the Government of India
has tried so many times
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that the person who is the seller
in the cheque bounce cases,
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those who have given you the goods
and whose payment has defaulted,
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get positive credibility and
will get his payment immediately.
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But this scheme of the
Government of India
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has raised questions
in everyone's mind.
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And today we have been
compelled to think,
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What if the government decriminalized it?
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If the government removes the cheque
bounce cases from criminal law,
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Then will people get their payment?
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See, you have two types of recovery.
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Either you put the check bounce
when the check bounces or
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going to the normal civil court, and
demand the recovery of your money.
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Recovery is not that easy.
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Civil court takes 4 years,
5 years or 10 years.
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That is why the NI act was brought and
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Cheque bounce cases were criminalized,
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Because of fear of check bounce or going to jail
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payment will come immediately.
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But the scheme of the Government of India
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has raised questions regarding this matter today
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If this happens, then is the system of India
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where people give goods to anyone on
a belief and takes the cheque from them,
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What would you do if it bounces?
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Will you go to civil court and
file a recovery? It takes years.
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And the biggest practical thing
that I would like to tell you
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is that when you file a
recovery suite in the civil court,
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Then some 5 or 6 percentage,
it depends on state to state
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You have to pay the stamp
duty which is the court fee,
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That is if you are registering recovery
of the amount Rs 1,00,000.
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so you will have to pay the court
fees of about Rs 5-6,000.
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But in the NI act, where the
check bounce cases are
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no such fees there.
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Now, in the coming time, the government
will implement this matter?
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or does cheque bounce cases remain
as it is, keeping them criminalized?
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Only time shall tell.
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What's your view?
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Whatever your thoughts are, we will
try to convey to the Central Government,
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by our writ petition.
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So write in the comments
and tell me what do you want?
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Should check bounce cases
be kept criminalized or not?
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So, do tell me in the comments.
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Till then we will meet you next
with some informative video.
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Till then, Jai Hind! Jai Bharat!
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