Finance Ministry mulls steps like auto debiting different accounts of issuer to curb cheque bounce instances


The finance ministry is mulling a number of steps like dipping into different accounts of a cheque issuer and prohibition of opening of latest accounts of offenders to successfully take care of cheque bounce instances that are clogging the authorized system.

Many ideas have been made at a high-level assembly not too long ago referred to as by the ministry to take care of the excessive incidence of cheque bounce instances.

A number of the steps steered earlier than taking authorized recourse included debiting one other account of the cheque issuer if his or her account is wanting funds to honour the instrument, sources stated.

The opposite ideas have been treating cheque bounce as default of mortgage and thus reporting it to credit score data firms for essential downgrade of rating, the sources stated, including a correct authorized view could be taken earlier than these ideas are accepted.

If these ideas are applied, it might assist implement cheque honouring by the payer with out the matter going to court docket and in addition compel him/her to make fee by making a deterrent by way of expertise.

These measures would assist promote ease of doing enterprise and dissuade folks from wilfully indulging in issuance of cheques despite the fact that their accounts have inadequate funds.

Proposed steps might be applied by way of the combination of knowledge throughout the banks, sources stated.

Customary Working Process (SOP) for auto-debit and different ideas could be required.

Part 138 of the Negotiable Devices Act, of 1881 offers with the dishonour of cheques as a result of insufficiency of funds within the account.

A criticism for dishonour of cheque underneath Part 138 of the Act could be filed within the court docket located at a spot the place the financial institution of the payee is positioned. It’s a punishable offence with a effective which may prolong to twice the quantity of the cheque or imprisonment for a time period no more than two years or each.

When an issuer presents a cheque to the financial institution for fee, and it’s returned unpaid by the financial institution as a result of inadequate funds, the cheque is alleged to have bounced.

Peeved on the giant variety of pending instances of cheque bounce, the Supreme Courtroom had constituted a committee with a mandate to recommend steps to be taken for early disposal of about 35 lakh pending instances throughout the nation.

Throughout the listening to, the Centre had “in precept accepted” the necessity for creating extra courts to take care of such instances.

The SC-constituted committee had beneficial procedural reforms, full use of expertise and augmentation of infrastructure to make sure that disputes are resolved swiftly.

In addition to, the panel had steered some adjustments within the Negotiable Devices Act, 1881.

Commerce our bodies have been pitching for adjustments within the cheque bounce regulation for the quick disposal of such instances.

Business physique PHDCCI not too long ago urged the finance ministry to take measures like obligatory suspension of financial institution withdrawals for a number of days to make the cheque issuers accountable for his or her motion in cheque-bounce instances.

The federal government ought to enact a regulation that from the date of dishonouring of cheque, the dispute between the 2 events have to be settled inside 90 days by way of mediation, the chamber has steered.



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