Legal Article

Delving into Section 142 of the Negotiable Instruments Act: Cognizance of Offences

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 1 Aug, 2023

Cheque bounce cases have seen an upsurge in recent years, making the sections of the Negotiable Instruments Act, 1881, even more significant. We’ve previously discussed Sections 138 and 139, which respectively cover the dishonor of cheques and the presumption in favor of the holder. But, how does the legal process formally commence against the defaulter? This is where Section 142 comes into the spotlight.

Overview of Section 142

Section 142 of the Negotiable Instruments Act stipulates the conditions under which a court can take cognizance of an offence related to cheque bounces under Section 138.

Principal Provisions of Section 142

  1. Jurisdiction of the Court: No court shall take cognizance of any offence unless a complaint is made by the payee or the holder in due course of the cheque within a month of the date on which the cause of action arises.
  2. Limitation on Filing: A complaint under Section 138 can only be filed in a court within whose jurisdiction the bank branch of the payee, where the payee delivered the cheque for payment, is situated.
  3. Presence of the Accused: No court shall take cognizance of an offence unless the accused is presented at the time of filing the complaint, but the Magistrate may dispense with the accused’s presence, subject to certain conditions.

Implications and Insights

  1. Timely Filing: Section 142 mandates timely filing, emphasizing the need for prompt action by the complainant. This provision ensures that cheque bounce cases are addressed promptly and don’t linger indefinitely.
  2. Clarity on Jurisdiction: The section provides clarity on the jurisdiction to address jurisdictional conflicts and ensure smoother legal proceedings.
  3. Accused’s Appearance: Requiring the presence of the accused ensures that the accused is made aware of the charges and proceedings against them from the outset.

Recent Developments

Jurisdiction has always been a bone of contention in cheque bounce cases. In an attempt to simplify proceedings and reduce the burden on courts, amendments have been proposed and enacted. The most notable change has been to allow the payee to initiate legal action in a court within whose jurisdiction his/her bank branch is situated, making the process more favorable and convenient for the complainant.

Conclusion

Section 142 of the Negotiable Instruments Act plays a crucial role in streamlining the process of initiating legal proceedings in cheque bounce cases. It ensures that there’s a clear pathway for aggrieved parties to seek redressal, while also keeping in check any potential misuse by mandating timely action. As with other sections of the Act, understanding the intricacies of Section 142 is vital for both businesses and individuals regularly engaging in cheque transactions.

Tags: #Section142 #NegotiableInstrumentsAct #ChequeBounce #FinancialLaw #IndianLaw