The Negotiable Instruments Act 1881: ( As Amended By Negotiable Instruments (Amendment) Act 2018) Alongwith Short Comments And Rulings Of Supreme Court Allahabad High Court And Delhi High Court...

The Negotiable Instruments Act 1881 is a very important Act in todays corporate world. It governs the dealing in negotiable instruments such as cheaques bills hundis etc. Section 138 of the Act is very important and relates to bouncing of cheaques due to insufficiency of funds. Recently the Supreme court inDashrath Roop Singh Rathod VS State of Maharashtra held that the complaint can be filed in the court at the place of branch where the drawer of the cheaque had the bank account. This observation led to huge difficulties hence the legislatures amended section 142 and added sub section (2) prescribing that the place where the drawee is having account will be the place of jurisdiction to file the complaint. Another very important amendment was made in the Act by giving the court power to condone delay in filling the complaint if the reason of delay is well explained. Section 143(A) is also added by the amendment Act 2018 giving the courts power to award 20% of the cheaque amount to the complainant straight away at the preliminary stage. However in the case of G.J. RAJA vs. TEJRAJ SURANA SUPREME COURT OF INDIA decided on 30-07-2019 the honable Supreme Court held that the provision of Section 143 A is prospective in nature and will be applicable to the offences committed after introduction of section 143 A. The summons of the court can also be served through speed post and also through courier services duly approved by the concerning district court.