Plagiarism Scan Report: The Dishonor of A Cheque For Insufficiency Fund, Etc

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PLAGIARISM SCAN REPORT
Date 2021‐08‐03
Words 680
Characters 4191
3% 97%
Plagiarised Unique
Content Checked For Plagiarism
Section 138 of Negotiable Instruments Act, 1881

The dishonor of a cheque for insufficiency fund, etc. within the account is roofed by Section 138 of the Negotiable
Instruments Act, 1881. once an individual with a checking account problems a cheque to a different person for the
payment of a particular total of cash from that checking account to discharge, entirely or part, any quantity owed or thanks
to the other liability, that is came unpaid by the bank either as a result of the quantity of cash within the credit in this
checking account is lean to honor the cheque or as a result of the quantity of cash organized to be paid from that checking
account by associate agreement created with the bank by the account holder exceeds the quantity of cash organized to be
paid from that checking account by associate agreement created with the bank.
Any individual or checking account holder shall be deemed to possess committed a cheque dishonoring offense, and shall,
while not relevancy the other provisions of the Negotiable Instruments Act,1881 be rebuked with a most sentence of 2 year
in jail or a fine of double the quantity per the cheque, or both. associate offense committed beneath Section 138 could be
a non‐cognizable offense ﴾a case within which a officer cannot arrest the suspect while not associate arrest warrant﴿. Also,
it's a bailable offense. A violation of this clause is each bail‐able and non‐cognizable.
Conditions for constituting the offense beneath Section 138
1. The drawer’s check should are delivered to the payer bank throughout the cheque’s validity amount, that is 3 months
from the date it absolutely was free.
2. If the bank has came the cheque unpaid for any reason, the receiver should 1st have sent a requirement notice in writing
to the drawer among thirty days requesting payment for the same total, copy of Bank’s memorandum further because the
details regarding the bank’s cheque bounce3. when receiving the same demand notice, the drawer has not paid the
desired quantity among fifteen days of receipt of the notice.
The procedure that's followed in matters with relevancy Section 138 of the Act:
i. A legal notice containing all relevant info should be sent to the drawer by registered post/email among thirty days of the
cheque being discredited. The drawer has fifteen days’ time to form the payment; if the payment is received, the dispute is
resolved. If the payment isn't created, the litigant should file a criminal case against the drawer beneath Section 138 of the
Act among thirty days of the expiration of the fifteen day amount expressed within the notice, with the involved
functionary court among the jurisdiction. [15]
ii. The litigant or his selected representative should testify within the witness stand and supply pertinent info for the
grievance to be filed. If the court is convinced that the complainant’s allegations area unit true, the suspect are summoned
to look before the court.
iii. If the suspect refuses to look when being served with the summons, the court could issue a bailable warrant. If the
drawer doesn't seem when this, a non‐bail‐able warrant is also issued by the court.
iv. If the drawer/accused seems, he can submit a bond to ensure his presence at trial. After that, the accused’s plea is
registered. If he enters a guilty plea, the case are treated by the court for sentencing. If the suspect denies the allegations, a
replica of the grievance are served on him.
v. The litigant could gift his proof within the variety of associate legal document and manufacture all documentation in
support of his grievance, together with the first documents. The suspect or his professional person can cross‐examine the
claimant/ litigant.
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vi. The suspect are given the prospect to gift his case. The suspect would even have the flexibility to gift proof in support of
his prosecution, further as witnesses in his defense. The litigant can cross‐examine the suspect and his witnesses.
vii. The arguments area unit the ultimate stage of the proceedings, within which the court can render a call.
Matched Source
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Title: Dishonored Cheques Provision Under NI Act, 1881
· The dishonor of a cheque for insufficiency fund, etc. in the account is covered by Section 138 of the Negotiable
Instruments Act, 1881.
https://taxguru.in/corporate‐law/dishonored‐cheques‐provision‐ni‐act‐1881.html

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PLAGIARISM SCAN REPORT

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Section 138 of Negotiable Instruments Act, 1881

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