In today’s era, most people are transacting money through digital means. But even today there are many people who take or give large amounts through cheques. You must have also heard about cheque bounce. The Supreme Court has recently overturned the High Court’s decision on the cheque bounce case. Let us know what important decision the Supreme Court has taken?
A cheque is a means through which payment of lakhs of rupees is made very easily. Many precautions should be taken while issuing a cheque. Mistakes made in the cheque can also cause cheque bounce and cheque bounce is no small matter.
In India, cheque bounce is like a crime. And there is also a provision of punishment for it. The Supreme Court has given its verdict on the cheque bounce case. Anyway, the Supreme Court has expressed serious concern over the large number of pending cheque bounce cases. The Supreme Court said that if both the parties are ready to settle the matter, then the court should promote the settlement of compoundable offences under the law.
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For your information, let us tell you that the sentence of a person named P Kumar Sami in the check bounce case has been canceled by the bench of Justice Sudhanshu Dhulia and Justice A Amanullah. The court found that after the case was registered, both the parties had settled the matter and later the complainant was paid Rs 5.25 lakh by the other party. The whole matter was almost resolved.
For your information, let us tell you that the bench of Justice had given the order in this matter on July 11. It was said in the order that a large number of cases related to check bounce are pending in the court and the pendency of these cases is a matter of great concern for the judicial system. It was also said by the court that the compensatory aspect should be given priority instead of the punitive aspect. Strict rules should be made regarding this.
Supreme Court made a special comment in the check bounce case
The case of check bounce was again registered in the court. During the hearing, the bench said that check bounce is only a regulatory offense. Everyone has to remember that this crime has been included in the category of crime keeping in mind the public interest, so that the credibility of the relevant rules is maintained and there is no negligence of any kind.
On this, the court also said in its order that in view of the agreement between the parties and the totality of the circumstances, we accept this appeal. The court has ordered to cancel the order of the lower court dated 16 October 2012 and to carry it forward with the applicable order of April 2019.
Supreme Court rejected the decision of the High Court
Giving information about this case of check bounce, the bench said that in the year 2006 P Kumarasamy alias Ganesh did not repay the loan of Rs 525000 from the respondent A Subramaniam. Later he also issued a check of Rs 5.25 lakh in the name of his partnership firm Major New One Export. But the check bounced due to insufficient funds, so the respondent filed a complaint against the appellants.
In this case, the private court had convicted the appellants and also sentenced them to one year imprisonment. Kumar Sami had challenged Dost Siddhi. He overturned the lower court’s decision. After this, the court acquitted him and the company, but later the High Court canceled the order of the appellate court and ordered to restore the lower court’s order of convicting the appellants. After this, Kumar Sami and the firm challenged the High Court’s order in the Supreme Court. In the same context, the Supreme Court has given this decision.