Supreme Court advice on bounced checks
Have any of your cheques bounced recently or someone gave you a cheque and its payment could not be cleared? If yes, then you would know how much time it takes to approach the courts in cases of bounced cheques. In such a situation, the largest court of the country i.e. the Supreme Court has given an excellent advice by which you can get relief from the hassle of approaching the courts in case of a cheque bouncing. It has given this advice not only to the common people but also to the administration and the lower courts.
In fact, a large number of cases related to cheque bounces are pending in the country’s courts. The Supreme Court has expressed “serious concern” over this, as it increases the burden on the country’s judicial system. During the hearing of one such case, Justice Sudhanshu Dhulia and Justice A. Amanullah’s court also gave their advice for a speedy disposal of cheque bounce cases.
The focus should be on the solution and not on punishment
Justice Sudhanshu Dhulia and Justice A. Amanullah’s court, after hearing the cheque bounce case, quashed the conviction of a person named P. Kumarasamy, an accused in the case. The court noted in its observation that a settlement has been reached between the two parties in the cheque bounce matter. Meanwhile, the other party paid Rs 5.25 lakh to the person who lodged the complaint.
During this time, the Supreme Court said, “A large number of cases related to bounced cheques are pending in the courts. This is a matter of serious concern for the judicial system of the country. Keeping this in mind, priority should be given to the manner of disposal of them, and not to focus on the manner of punishment.” The Supreme Court said that the courts should work towards promoting settlements within the ambit of law, if both parties are willing to do so.
This advice will be useful to you in all these cases.
This advice of the Supreme Court can be helpful not only in cases of cheque bounce but also in resolving cases when disputes arise in all kinds of legally written promissory notes. In the order passed by the court on July 11, it also said that compoundable offences are those where a compromise can be reached between the rival parties. We must remember that cheque bouncing is a statutory offence which has been criminalised only in the public interest to ensure the credibility of the relevant rules.
