Jurisdiction in cheque bouncing cases in view of august 2014 decision of sc
Rajinder Singh Bhalla
(Querist) 17 March 2015
This query is : Resolved
Jurisdiction in Cheque bouncing cases in view of August 2014 decision of SC
Section 182 is applicable to decide the jurisdiction of the court.
But SC did not consider section 182 of Cr.P.C. at all.
How can that decision of the SC be changed.
Jayaraj Poojari
(Expert) 18 March 2015
Section 182 is concerned only with 'deception practiced by means of letters or telecommunication messages'. Cheque is a Negotiable Instrument. Hence using section 182 to challenge the SC decision wouldn't be fruitful.
Rajinder Singh Bhalla
(Querist) 19 March 2015
Which part of section 182 says that it is applicable to offence committed by letters etc only.
Second part of the section is independent of first part. U can not deliver the goods by letters. You have to physically deliver the goods.
When a cheque is given for purchase of goods then it is expected that the cheque will be honoured.
If it is not honoured that it is a case of cheating.
And the cheating was done by inducing the other person that cheque will be honoured.
Jayaraj Poojari
(Expert) 22 March 2015
1. Second part of the section is not independent of the first part, the reasons are:
a) The title of the section itself says so..
b) Section 182 applies: only "if" the deception is practiced by means of letters or telecommunication messages.... "and" any offence of cheating and dishonestly inducing delivery of property...---here the word 'if" is followed by "and" in the second part of the section, which means both the conditions should be satisfied to invoke the provision of section 182.
2. The judgment delivered by the Supreme Court is binding on all other Courts in India. It becomes law of the land. Read article 141 of the Constitution.
3. Jurisdiction in Cheque bouncing cases in view of August 2014 decision was given after realizing the fact that many a time, Section 138 was used as a tool to harass the defendant rather than claim the reasonable debt discharged through a Negotiable instrument.
T. Kalaiselvan, Advocate
(Expert) 22 March 2015
What is your query? If you are so much interested about it, based on your version itself you may file a PIL on the subject before Supreme court to clarify and insist your interpretation.
SAINATH DEVALLA
(Expert) 22 March 2015
A cheque is a bill of exchange as defined by RBI for fulfilling a transaction in place of cash.How can U say inducing the other person,it is given for a consideration of a transaction.Rightly interpreted by Mr Poojari.
