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hemant pandey (5)     03 September 2015

Negotiable instrument ordinance

is the negotiable instrument ordinance invalid now? I guess it was valid till 31st August and not re-promulgated after that. if yes, what will happen with pending cases now what were trasferred /not transferred .


 19 Replies

Adv. Varun Dev Mishra (lawyer)     03 September 2015

i have wrote an article on it kindly read cover the subject


hemant pandey (5)     04 September 2015

yes i wrote your article. it is really unfortunate. Such articles and messages must reach to law makers who have made a large number of victims harassed. in my matter ( i am victim), since then this ordinance came in June 2015, no progress is being done in my cheque bounce case. i have case in delhi court. my case is neither being transferred nor being resumed in same court. i am only getting date and date from june 2015 with no progress. court is waiting orders of higher court if to transfer or resume. accused is taking very well benefit of this situation. as per settlement he had to give me money in June end and suddenly this ordinance came. he is denying money now and postponing payment to next date every time before court. but this next date for payment is not coming. now this ordinance is lapse. i don't know what will happen in my next hearing. i am heighly harassed. many victims must be facing such or similar harassment due to this law.

hemant pandey (5)     04 September 2015

sorry. correction in my starting line. it is "Yes i saw your article"

slakshmanrao (accounts officer)     04 September 2015

Our concern with the Banking Industry is to make them understand the value of !!! Terminal Benefits!!! and not with the internal problems with in the Banks...

ashish kumar   04 September 2015

dear sir,

 i am doing a bussiness with a company 3 years. i gave them security chq of my 2 current a/c.first one is closed 1 year ago.and 2nd is open.now i drop the work with that company,but  my marketoutstanding too much.they don't help me to recover it and they want to completely destroy me.i am totaly in pressure.till now they don't represented the chq.is any way to remove from this problem.please help sir.

Adv. Varun Dev Mishra (lawyer)     04 September 2015

You always have remedy for recovery suit, hope you have proper transaction data.Every cheque holds an expiry date of 3 months from the date of issuance which make them stale. You can even report the matter to local police station if you find any element of cheating involved in it.. contact a local lawyer. 

Anil Agrawal (Retired)     05 September 2015

NEW DELHI: Rajya Sabha on Tuesday adopted a motion to withdraw a bill on which an ordinance was issued last month to enable lakhs of persons file cheque-bounce cases in the place where the cheque was presented for payment and not the place of issue. 


Madhu Mittal (Director)     12 September 2015


 At this thread, it is said now ordinance has lapsed. Please let me know now whether jurisdiction will be taken as1. ordinance or as 2. in the case of Dashrath Rupsingh Rathod versus State of Maharashtra and another (Criminal Appeal No. 2287 of 2009) or 3. As earliar k.Bhaskarar. As per me it should be as per 2. in the case of Dashrath Rupsingh Rathod. I am giving you this trouble I want to get it confirmed from learned members before case presenting in the court.

Thanks with Regards,

recowerymoney (professional-recowerymoney@gmail.com)     12 September 2015

The ordinance is lapsed but Govt will bring it again in next session and so courts are not acting either way.

Anil Agrawal (Retired)     12 September 2015

You will become very old yet case will linger on

Madhu Mittal (Director)     13 September 2015

Respected Sirs,

Which jurisdictin one should take today? 

With Regards

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 September 2015

I think and remember that MR MADHU MITTAL you were giving many many advice to lots of issues on this site in your previsious AVTAR.


By now you must have realised the courts does not work as per printed versions of law or citations since every case has separate story or the advocate can certainly twist it.


Regarding your cheque bounce ordinance the GOVT HAS APPROVED FRESH ORDINANCE and it will come by third week of sep 15.. that is by than it will be reissued by PRESIDENT.

Madhu Mittal (Director)     18 September 2015

Respected Sir Laxminarayanji,

Thanks for your information on Ordinance.

But still question is unanswered, “Which jurisdictin one should take today?” 

Regarding my previous thread, I want to clarify that my previous email id is from sify.com, and this sify.com was discontinued that is beyond my control, and consequently this thread also stop my working on my previous thread, so afterwards I got made my email id from gmail.com, so I have to register again in this form. I intentionally did not drop my previous identity thread, it is only and only due to beyond my control. If there is any system to get that merged with my new identity, let me know, I will get it merged.

As far as advices are concerned, whatever I have within my knowledge, I shared with this forum, because I also got a lot  from this forum, If I had hurt anybody's sentiments, I apologize.

I have realized that in our country, to get something right from court not easy although you are right, but still there is no alternative whenever there is any kind of dispute, one has to go to court only, it is not choice, but compulsion. Even one can not criticize the court’s working however it is done, because there is a contempt proceedings. One/complainant has to bear un- justice not a time, but a number of times, when presiding officer does not work, and simply give another date of hearings in the name of overburden of court, but he does not attend court on time i.e. when court starts daily on working days, he leaves the court before working hours. Nobody (including advocates) dares to tell him when court is overburdened, why are you coming late and leaving early etc. Whenever there is a strike of advocates, in spite of clear citation/guidelines of Supreme court, that The Presiding Officer should work even if strike of lawyers, but he does not work in the guise of strike of advocates, still he takes salary of that day as if he worked whole day.

Please let me know When a complainant u/s 138 N I Act, after order of Bailable Warrant/Arrest Warrant, get it issued from court to be sent to Police Station. Now Warrants are sent, but on hearing date, neither warrant came back  executed nor un-executed. Now presiding officer does not do anything in spite of showing him citation that status report should be called from police, but Presiding Officer do not work and only gives another date of hearings for again Bailable Warrant/Arrest Warrant. What should be done by complainant?

There are a numbers of issues, that can be agitated as PIL at Supreme Court, let me know any advocate who can fight at Supreme Court at the fee as decided /standards of the Supreme court middle class legal aid center or near about it.

Thanks with Regards,

legal problems (PROPER SOLUTION EFFORTS FOR COMPLEX PROBLEMS. youract@gmail.com)     25 September 2015

I will put your problem in new perspective.


It is easy to get things done from the courts but in over confidence you do not take proper steps at proper time and hence the issues get blurred.


The main issue was ORDIANCE , it has been reissued in third week of SEP 2015.

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