If the accused agrees to pay the cheque amount, the case can be settled with the complainant’s consent. The offence is compoundable, so the court can close the case at any stage upon mutual agreement. Payment may also reduce punishment if made during trial.
Posted on May 29, 2025
Cheque bounce under Section 138 of the Negotiable Instruments Act is a bailable, non-cognizable, and compoundable offence.
1. Bailable: The accused has the right to be released on bail.
2. Non-cognizable: Police cannot arrest without the permission of the court.
3. Compoundable: The parties can settle the matter out of court.
This means the offence is not very serious in nature but still punishable by up to 2 years of imprisonment, fine, or both.
Posted on May 29, 2025
Section 138 of the Negotiable Instruments Act, 1881 deals with cases where a cheque is dishonoured due to insufficient funds or exceeding the agreed amount. It applies only if the cheque was issued for a legally enforceable debt. The payee must send a notice within 30 days, and if the drawer fails to pay within 15 days, a criminal case can be filed.
Cases under Section 138 include bounced cheques for loan repayments, business payments, or dues, aiming to ensure trust in financial transactions.
Posted on May 29, 2025
Maintainability of a Single Complaint: A single complaint for dishonour of multiple cheques is maintainable only if the cheques were issued in the same transaction or against a single liability. If they arise from different transactions, separate complaints must be filed.
Nature of Cheque Bounce Offence: Cheque bounce is primarily a criminal offence under Section 138 of the Negotiable Instruments Act, 1881, but it also has civil implications for recovery of the cheque amount.
Posted on May 29, 2025
No, GST is not applicable on all goods and services.
Some goods and services are exempted from GST, meaning they are not taxed under the GST regime. Additionally, certain items are outside the scope of GST, like alcohol for human consumption and petroleum products. These exemptions are usually to protect essential goods or for policy reasons.
Posted on May 27, 2025
There are three main types of GST in India:
1.CGST (Central Goods and Services Tax):
Collected by the Central Government on intra-state sales (within the same state).
2. SGST (State Goods and Services Tax):
Collected by the State Government on intra-state sales.
3.IGST (Integrated Goods and Services Tax):
Collected by the Central Government on inter-state sales (between different states) and imports.