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Expressing "serious concern" over <keyword id="19902052" type="General" weightage="20" keywordseo="pendency" source="keywords">pendency</keyword> of a large number of <keyword id="22472776" type="General" weightage="100" keywordseo="cheque-bounce-cases" source="keywords">cheque bounce cases</keyword>, the <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="261" meta.entityid="Supreme Court">Supreme Court</keyword> has said courts should encourage <keyword id="20151747" type="General" weightage="20" keywordseo="compounding" source="keywords">compounding</keyword> of offences under the <keyword id="20905075" type="General" weightage="20" keywordseo="Negotiable-Instruments-Act" source="keywords">Negotiable Instruments Act</keyword> if parties are willing to reach a compromise. A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah set aside the conviction of a man named P Kumarasamy in a cheque bounce case, after noting that the parties have entered into a <keyword id="21163406" type="General" weightage="20" keywordseo="settlement-agreement" source="keywords">settlement agreement</keyword> and Rs 5.25 lakh has been paid to the complainant. "A large number of cases involving dishonour of cheques are pending before courts which is a serious concern for our judicial system. Keeping in mind that the 'compensatory aspect' of remedy shall have priority over the 'punitive aspect', courts should encourage compounding of offences under the NI Act if parties are willing to do so," the bench said in its July 11 order. The Negotiable Instruments Act governs all negotiable instruments like promissory notes, bills of exchange, and cheques. Compoundable offences are those where a compromise can be reached by the rival parties. The bench said it has to be remembered that dishonour of cheques is a <keyword id="22472777" type="General" weightage="20" keywordseo="regulatory-offence" source="keywords">regulatory offence</keyword> which was made an offence only in view of public interest so that the reliability of these instruments can be ensured. "Considering the totality of the circumstances and compromise between the parties, we allow this appeal and acquit the appellants by setting aside the impugned order dated April 1, 2019 as well the trial court's order dated October 16, 2012. Appellant no.2 (P Kumarasamy), who was exempted from surrendering by this Court, need not surrender and his sureties are hereby discharged," the bench ordered. The bench noted that in 2006, P Kumarasamy alias Ganesh had borrowed Rs 5,25,000 from respondent A Subramaniam but did not repay the loan. To discharge the debt, the bench said, Kumarasamy gave a cheque for Rs 5.25 lakh in the name of his partnership firm M/s New Win Export. "Since the cheque was dishonoured due to insufficient funds, respondent filed a complaint under Section 138 NI Act against the appellants where the trial court vide order dated October 16, 2012 convicted the appellants and imposed a sentence of one year of simple imprisonment each," it said. It noted Kumarasamy challenged the conviction before the appellate court, which reversed the findings of the trial court and acquitted him and the firm. "Finally, when the matter was taken to the high court at the instance of the respondent/complainant, the high court in its order dated April 1, 2019 set aside the order of the appellate court and restored the order of the trial court, convicting the appellants," the bench noted. It noted the firm and Kumarsamy challenged the high court order before the apex court. The bench added that Section 147 of the Negotiable Instruments Act, 1881 makes all offences under it compoundable. "In our opinion, this settlement agreement can be treated to be compounding of the offence. All the same, Section 320 (5) of CrPC provides that if compounding has to be done after conviction, then it can only be done with the leave of the court where appeal against such conviction is pending," it said. The bench said in cases where the accused relies upon some document for compounding the offence at the appellate stage, courts shall try to check the veracity of such documents. "For the same, in the present matter, this court vide order dated March 18, 2024 had asked the respondent-complainant to file an affidavit to bring on record whether or not any compromise has been reached between the parties," it said. The bench said an affidavit was filed by the complainant in compliance with the order where it was said that the accused have paid the amount to the satisfaction of the complainant, and that he has no objection if conviction of the appellants is set aside. "Now, when the accused and complainant have reached a settlement permissible by law and this court has also satisfied itself regarding the genuineness of the settlement, we think that the conviction of the appellants would not serve any purpose and thus, it is required to be set aside," it said.

Pendency of large number of cheque bounce cases a serious concern: SC

New Delhi, Mar 7 () With over 35 lakh cheque bounce cases pending in district courts, the Supreme Court has decided to evolve a "concerted" and "coordinated" mechanism for expeditious disposal of such cases.The apex court has registered a suo motu case (on its own) in this regard and sought responses from the Centre and other stakeholders, including the Reserve Bank of India.A bench of Chief Justice S A Bobde and Justice L N Rao, which passed the order while dealing with a plea related to dishonour of two cheques in January 2005, noted that a dispute of this nature has remained pending for 15 years in various courts and taken judicial time."Despite many changes brought through legislative amendments and various decisions of this court mandating speedy trial and disposal of these cases, the trial courts are filled with a large number of pendency of these cases," the bench said in its March 5 order."A recent study of the pending cases, reflects pendency of more than 35 lakh, which constitutes more than 15 percent of the total criminal cases pending in district courts. Further, there is a steady increase in the docket burden," the bench said.The top court has issued notices to the Centre, registrar general of all high courts, director general of police of all states and union territories, member secretary of the National Legal Services Authority, RBI and Indian Bank Association, Mumbai, and asked them to file their response on the issue."These are some indicative aspects in addition to what may come on board after hearing the relevant duty-holders. To work out mechanism for expeditious and just adjudication of cases relating to dishonour of cheques, fulfilling the mandate of law and reduce high pendency, various duty-holders like banks, police and legal services authorities may be required to take measures and prepare schemes," the bench said."Thus, we find it necessary to hear them for evolving a concerted, coordinated mechanism for expeditious adjudication of these cases as per the legal mandate," it said.The bench, which appointed senior lawyer Siddharth Luthra and advocate K Parameshwar as amicus curiae to assist it in the matter, has listed the case for hearing on April 16.The bench noted that dishonour of cheque was criminalised in 1988 and the legislative intent was to "ensure faith in the efficacy of banking operations and credibility in transacting business on cheques.""It was to provide a strong criminal remedy in order to deter the high incidence of dishonour of cheques and ensure compensation to the complainant," the bench said, adding, "Subsequent amendments in the Act (Negotiable Instrument Act) and the pronouncements of this court reflect that it was always perceived that these cases would be disposed speedily so as to preserve the object of criminalisation of the act."The bench noted that as per the legal mandate, endeavour must be made to conclude the trial in cheque bounce case within six months from the date of filing of complaint."One of the major factors for high pendency is delay in ensuring the presence of the accused before the court for trial. As per recent study, more than half of the pending cases, i.e. more than 18 lakh cases, are pending due to absence of accused," the bench said.It said a mechanism may be developed to ensure the presence of the accused even by way of coercive measure, if required, including attachment of property.It observed that banks, being an important stakeholders in cheque bounce cases, have the responsibility of providing requisite details and facilitate an expeditious trial."The Reserve Bank of India, being the regulatory body, may also evolve guidelines for banks to facilitate requisite information for the trial of these cases and such other matters as may be required. A separate software-based mechanism may be developed to track and ensure the service of process on the accused in cases relating to an offence under Section 138 of NI Act," it said."With ensuring the credibility of cheques, it is equally important that cheques are not allowed to be misused giving cause to frivolous litigation. The Reserve Bank of India may consider developing a new proforma of cheques so as to include the purpose of payment, along with other information mentioned above to facilitate adjudication of real issues," it said.The top court also said there is a need of developing a mechanism for pre-litigation settlement in cheque bounce cases and National Legal Services Authority may evolve a scheme for settlement of dispute at pre-litigation stage. ABA SJK ABHABH

SC to evolve mechanism for expeditious disposal of cheque bounce cases

Hyderabad-based businessman <keyword id="15211274" type="General" weightage="50" keywordseo="boinpally-abhishek-rao" source="Orion">Boinpally Abhishek Rao</keyword>, who has been arrested by the Central Bureau of Investigation (<keyword id="6354572" type="General" weightage="80" keywordseo="cbi" source="Orion">CBI</keyword>) in <keyword id="14762568" type="General" weightage="20" keywordseo="Delhi-excise-policy-scam" source="Orion">Delhi excise policy scam</keyword> allegedly involving the national capital's Deputy Chief Minister <keyword id="6354681" type="General" weightage="50" keywordseo="manish-sisodia" source="Orion">Manish Sisodia</keyword>, is associated with several companies. He is a director of Anoos Electrolysis &amp; Obesity Pvt Ltd, Anoos Health &amp; Wellness Pvt Ltd, Robin Distribution LLP, Agasti Ventures, SS Mines &amp; Minerals, Master Sand LLP, Neoverse Realty Pvt Ltd, Zeus Networking Pvt Ltd and Valuecare Esthetics Pvt Ltd. Considered close to a key leader of the ruling party in Telangana, he is the first person from <keyword id="6354552" type="General" weightage="80" keywordseo="hyderabad" source="Orion">Hyderabad</keyword> to be arrested in the case. Rao was allegedly found to be acting as a south lobby. The investigating agency suspects that he committed irregularities through cartelization. Rao is the second person to be arrested in the excise policy. The CBI had earlier arrested Vijay Nair, former CEO of events company- Only Much Louder. The Enforcement Directorate (ED) has also arrested liquor trader Sameer Mahendru of Indo Spirit. He is said to have business links with Arun Ramachandra Pillai, a resident of Hyderabad and one of the persons booked by the CBI in the case. Rao's arrest came after several rounds of raids conducted by the CBI and ED at various places in Hyderabad, including in the office of a media house. He was also reportedly questioned by the CBI a couple of times in the case. According to the CBI investigation, Arun used to collect money from Sameer Mahendru for onward transmission to the accused public servants through Vijay Naidu. The liquor license holders allegedly issued bills to retail vendors to divert funds to public servants involved in irregularities. This is where some companies from Hyderabad are believed to have helped in illegal transactions. Further questioning of the CBI is likely to unearth the role of some other suspects in the case. Six to seven to eight businessmen and a couple of politicians and officials from Telugu states are believed to be involved in the case. The officials hailing from Telugu states are said to be holding key positions in the Delhi government. The Hyderabad-based businessmen were reported having colluded with politicians and officials in the Delhi government to influence the liquor policy of that state to derive monetary benefits from it. SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/finance/banks/news/beware-of-bouncing-cheques-harsher-punishments-may-be-afoot/articleshow/94757668.cms">Beware of bouncing cheques, harsher punishments may be afoot</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/business/startups/livspace-earmarks-100-mn-to-invest-in-d2c-brands-in-home-segment/articleshow/94755762.cms">Livspace earmarks $100 mn to invest in D2C brands in home segment</a>

Who is Boinpalli Abhishek Rao arrested in Delhi excise policy scam?

India’s liquor baron <keyword id="14678" type="PERSON" weightage="100" keywordseo="Vijay-Mallya">Vijay Mallya</keyword>, who has <a href="http://www.businessinsider.in/Vijay-Mallyas-journey-from-a-businessman-to-a-fraudster/articleshow/51328653.cms">fled the country</a> after being a defaulter of several <a href="http://www.businessinsider.in/SBI-wants-Vijay-Mallya-arrested/articleshow/51240258.cms">state-run banks</a>, has been slammed with a non-bailable warrant (NBW) by the Hyderabad court. The warrant was issued after Mallya <a href="http://www.businessinsider.in/Vijay-Mallya-has-7-days-to-return-to-India-and-appear-before-the-ED/articleshow/51360074.cms">failed to appear in the court</a> in connection with alleged dishonour of a cheque of Rs 50 lakh to GMR Hyderabad International Airport Ltd. 
 
Mallya’s counsel has said that he will move the high court seeking quashing of the non-bailable warrant (NBW). 
 
"He (Mallya) and others were supposed to appear before the court on March 10. They did not appear ... Hence, court issued NBW order which has to be executed by April 13," said GMR counsel G Ashok Reddy. He added that there are a total of 11 cases involving Rs 8 crore payment to GMR and the NBWs were issued in connection with a Rs 50 lakh bounced cheque. 
 
Mallya’s advocate H Sudhakar Rao said, "NBWs have been issued in this case. There are other cases going on wherein we have got orders from high court dispensing with his (Mallya's) attendence." 
 
"I will be filing an application in the high court for quashing this order of issuing warrants," Rao told PTI. 
 
When contacted by ET, GMR refused to comment on the issue claiming the matter to be sub judice. 
 
<a href="http://img.newsheads.in/images4web/2016/03/08/31939273-Kingfisher-Vijay-Mallya-Debt_0.jpg">Image source</a>

Another woe for Mallya, Hyderabad court issues non-bailable warrant

Yesterday, we told you how <keyword id="14678" type="PERSON" weightage="100" keywordseo="Vijay-Mallya">Vijay Mallya</keyword> has been slammed with a <a href="http://www.businessinsider.in/Another-woe-for-Mallya-Hyderabad-court-issues-non-bailable-warrant/articleshow/51392100.cms">non-bailable warrant</a> in connection with a lawsuit by GMR Hyderabad International Airport Ltd. 
 
Now, the local court has slammed the former liquor baron with four more non-bailable warrants (NBWs) after he failed to appear in a court for bounced cheques worth Rs 2 crore to GMR Hyderabad International Airport Ltd. 
 
Also read: <a href="http://www.businessinsider.in/Vijay-Mallyas-personal-Airbus-jet-to-be-auctioned-to-recover-governments-dues/articleshow/51406790.cms">Vijay Mallya's personal Airbus jet to be auctioned to recover government’s dues</a> 
 
The warrants were issued by 11th Special Magistrate at Erramanjil Courts complex yesterday, and have to be executed by March 29. 
 
GMR counsel G Ashok Reddy had earlier said that a total of 11 cases involving Rs eight crore payment to GMR are pending. 
 
Also read: <a href="http://www.businessinsider.in/Vijay-Mallyas-journey-from-a-businessman-to-a-fraudster/articleshow/51328653.cms">Vijay Mallya’s journey from a businessman to a fraudster</a> 
 
<a href="http://blogs-images.forbes.com/kenrapoza/files/2014/06/vijay-not-happy.jpg">Image source</a>

You Searched For "cheque bounce cases" and got 5 results

Pendency of large number of cheque bounce cases a serious concern: SC

PTI

SC to evolve mechanism for expeditious disposal of cheque bounce cases

PTI

Who is Boinpalli Abhishek Rao arrested in Delhi excise policy scam?

IANS

Another woe for Mallya, Hyderabad court issues non-bailable warrant

BI India Bureau

Four more NBWs against Mallya in Hyderabad court

BI India Bureau

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