The Negotiable Instruments (Amendment) Ordinance, 2015

On 15.06.2015, the President of India promulgated the Negotiable Instruments (Amendment) Ordinance, 2015. The objective of the Ordinance is to amend the provisions of Negotiable Instruments Act, 1881, for speedy disposal of cases relating to dishonour of cheque. The Negotiable Instruments (Amendment) Bill, 2015 has been passed by the Lok Sabha, however it is still pending in the Rajya Sabha. Whereas, the Parliament is not in Session, the President on the satisfaction that the circumstances exist which renders is necessary for him to take immediate action, promulgated the said Ordinance.

 The Ordinance provides as follows:

  • Substitutes Section 6, Explanation I, clause (a) with following clause:

‘‘a cheque in the electronic form” means a cheque drawn in electronic  medium by using any computer resource and signed in a secure system with digital signature (with or without biometrics signature) and asymmetric cryptosystem or electronic signature, as the case may be;

  • Inserts Explanation III after Explanation II as “the expressions used in this section shall have the same meanings as assigned to those expressions in the Information Technology Act, 2000”;
  • Inserts Section 142 (2) which provides that the offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction —  (a) the branch of the bank where the payee or holder in due course maintains the account, is situated, if the cheque is delivered for collection through an account.  (b) the branch of the drawee bank where the drawee maintains the account, is situated, if the cheque is presented for payment by the payee or holder in due course otherwise through an account. 
  • Inserts a new Section 142 A, which provides for Validation for transfer of pending cases, “(1); Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any judgment, decree, order or directions of any court, all cases arising out of Section 138 which were pending in any court, whether filed before it, or transferred to it, before the commencement of the Negotiable Instruments (Amendment) Act, 2015, shall be transferred to the court having jurisdiction under sub-section (2) of section 142 as if that sub-section had been in force at all material times.                      (2) Notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court under sub-section (1), and such complaint is pending in that court, all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were delivered for collection or presented for payment within the territorial jurisdiction of that court.                                                                             (3) If, on the date of the commencement of the Negotiable Instruments (Amendment) Ordinance, 2015, more than one prosecution filed by the same payee or holder in due course, as the case may be, against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142 before which the first case was filed and is pending, as if that sub-section had been in force at all material times.”

 

-Ministry of Law & Justice

13 comments

  • Avatar

    Very imp

  • Avatar

    For the sake of simplification of S.138 litigation the issuance of Ordinance is justified.

  • Avatar

    Nice

  • Avatar

    The Central Government has taken right decision by promulgating an ordinance .It helps the litigant public. Nothing is wrong in promulgating such an Ordinance.

    Adv.Tulasiram Suryavanshi
    Vijayapur 586101-Karnataka

  • Avatar

    This ordinance will provide a dignity to a cheque, which was become useless for the business class mostly, after the last judgment of Hon'ble Apex Court in respect of the jurisdiction, in case of the offence under section 138 N. I. Act. It will provide justice to poor investors, to whom, the companies used to issue advance cheques for their maturity amount.

  • Avatar

    this Ordinance aimed only to help the corporate giants in the field of finance business and not to help the ordinary lay man. This will only help the corporate giants to file the complaints in the courts of their choice and will pressurise the accused to settle the case for huge exorbitant amount'

  • Avatar

    agreed

  • Avatar

    This ordinance is injustice to the people of India and against to the legal fraternity.

  • Avatar

    Out of many, one mistake committed by the Supreme Court judges stands corrected today.

  • Avatar

    Speedy work all government body and related officer. Now no effect of Dhasratsing judgement

  • Avatar

    Right decision

  • Avatar

    this ordinance will over ruled the recent judgment of the Honourable Supreme Court of India. It is for the harassment of the general public in the hands of rich people who always blackmail the poor people.
    I am absolutely against this ordinance, but I favour Honourable Supreme Court if India judgment on the question of Jurisdiction.
    Honourable President of India should withdraw this ordinance.

  • Avatar

    It is an essential and most important amendment which is beneficial to the complainants which saves them from unnecessary hardship created by the Apex court's judgment,…

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.