Negotiable Instrument
9 months ago
Sir, in a case where multiple complaints have been lodged against a person for dishonour of 4 cheques given to the same party in discharge of the same liability what would be the quantum of punishment and is there any relevant judgment to the same?
A.Dear Client,
According to Section 138 of the Negotiable Instruments Act of 1881 dishonor of a cheque is a criminal offence. A person accused of culpable offence under Section 138 of the Act can be made liable for a punishment that may extend up to 2 years of imprisonment or a fine that may extend up to twice the amount of the cheque in dispute, or both. Apart from this, banks also charge penalty for dishonour of cheque. The penalty varies from bank to bank. KARNATAKA HIGH COURT in case of S. KAMAKOTI V.S. SARFARAZ NAWAZ C.C.NO.642/2016 held that the complainant and the accused are one therefore to avoid such multiple trials there should be one joint trial and all the six cases of dishonor of cheques should be clubbed together. In Ashutosh Humnabadkar v. Continental Device India Ltd, Cr M C 1184/2014 the High Court of Punjab and Haryana allowed to clubb 8 of the dishonored cheque between the same parties and the court also said that the eight cheques are in the course of same transaction and are also among the same person and the offence is of the nature of the same kind.
According to Section 138 of the Negotiable Instruments Act of 1881 dishonor of a cheque is a criminal offence. A person accused of culpable offence under Section 138 of the Act can be made liable for a punishment that may extend up to 2 years of imprisonment or a fine that may extend up to twice the amount of the cheque in dispute, or both. Apart from this, banks also charge penalty for dishonour of cheque. The penalty varies from bank to bank. KARNATAKA HIGH COURT in case of S. KAMAKOTI V.S. SARFARAZ NAWAZ C.C.NO.642/2016 held that the complainant and the accused are one therefore to avoid such multiple trials there should be one joint trial and all the six cases of dishonor of cheques should be clubbed together. In Ashutosh Humnabadkar v. Continental Device India Ltd, Cr M C 1184/2014 the High Court of Punjab and Haryana allowed to clubb 8 of the dishonored cheque between the same parties and the court also said that the eight cheques are in the course of same transaction and are also among the same person and the offence is of the nature of the same kind.
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A.Dear client,
In many jurisdictions, the dishonour of cheques is governed by laws related to negotiable instruments or cheque bounce, and the penalties may include fines and/or imprisonment. The punishment can vary depending on factors such as the number of dishonoured cheques, the total amount involved, the intent of the drawer, and any previous convictions.
To find relevant judgments or information on the quantum of punishment in cases of dishonour of multiple cheques given to the same party, you may consider the following steps:
Consult a lawyer: Seek advice from a qualified lawyer who specializes in negotiable instruments and cheque bounce cases. They can provide you with insights into the relevant laws and penalties in your specific jurisdiction.
Research legal databases: Online legal databases or law libraries may have judgments from various courts on cheque bounce cases. You can search for cases similar to your situation to understand how the courts have ruled on the quantum of punishment.
Study applicable laws: Familiarize yourself with the negotiable instruments or cheque bounce laws in your country or state. These laws usually outline the penalties for dishonouring cheques and any aggravating factors that may lead to enhanced punishment.
Refer to precedent cases: If there are any landmark or precedent-setting cases related to cheque bounce with multiple complaints against a person, they might provide guidance on how the courts have handled similar situations in the past.
In many jurisdictions, the dishonour of cheques is governed by laws related to negotiable instruments or cheque bounce, and the penalties may include fines and/or imprisonment. The punishment can vary depending on factors such as the number of dishonoured cheques, the total amount involved, the intent of the drawer, and any previous convictions.
To find relevant judgments or information on the quantum of punishment in cases of dishonour of multiple cheques given to the same party, you may consider the following steps:
Consult a lawyer: Seek advice from a qualified lawyer who specializes in negotiable instruments and cheque bounce cases. They can provide you with insights into the relevant laws and penalties in your specific jurisdiction.
Research legal databases: Online legal databases or law libraries may have judgments from various courts on cheque bounce cases. You can search for cases similar to your situation to understand how the courts have ruled on the quantum of punishment.
Study applicable laws: Familiarize yourself with the negotiable instruments or cheque bounce laws in your country or state. These laws usually outline the penalties for dishonouring cheques and any aggravating factors that may lead to enhanced punishment.
Refer to precedent cases: If there are any landmark or precedent-setting cases related to cheque bounce with multiple complaints against a person, they might provide guidance on how the courts have handled similar situations in the past.
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