Dishonour of Cheques and Innovate Digital Frauds (with Model Forms of Notice and Complaint)

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Description
This is the Tenth edition of the publication 'Dishonour of Cheques and Innovative Digital Frauds' which was historically published as 'Dishonour of Cheques, Liability - Civil And Criminal. The original edition authored by Late Shri S N Gupta was prepared and published at the time of insertion of Section 138 to Section 142 in the Negotiable Instruments Act, 1881 ("NI Act"). Since then, the legal landscape has changed considerably. While cheque remains an important mode for transfer of funds, with the advent of technology, standing instructions became the norm and with the learning from Covid-19 pandemic, electronic payments by way of NEFT, RTGS, IMPS and UPI created a vibrant environment for transfer of funds.
While Section 138 of the NI Act created a milestone regarding enforcement of cheque for the holder, the incessant usage of electronic payments has created a revolution, which required a need to recognize the responsibility of remitter and rights of the recipient of funds. This necessitated a change, not only in the title of the book but also in the substance, which has led to several amendments as well as addition of new chapters in the book.
The chapter on digital payments, digital frauds, duality of IBC, Section 138 of the NI Act, the interplay and relationship between Payment and Settlement Systems Act 2007 with Section 138 of the NI Act and the jurisdiction proceedings for the conundrum have been added to cover the entire landscape on the issue of dishonour of cheques and other payment instruments by any person as well as consequences arising out of dishonour of payments
instructions.
Relevant case laws have been cited up to date. Full efforts have been made to include all legislative and judicial developments as well as such developments which may be relevant in connection with the subject.
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Table of Contents
Chapter 1. What is a Cheque?
Chapter 2. Digital Payments : A Tailwind for the Banking Sector? its Effective and Efficacies
Chapter 3. Digital Frauds in India
Chapter 4. Dishonour of Cheques
Chapter 5. Offence of Dishonour and Prosecution of Drawer
Chapter 6. The Duality of Negotiable Instruments Act, 1881 and Insolvency and Bankruptcy Code, 2016
Chapter 7. Analysis of Section 138 of the Negotiable Instruments Act, 1881
Chapter 8. Statutory Presumption
Chapter 9. Offence of Dishonoring of Cheque by Companies and Partnership Firms
Chapter 10. Procedure for Filing Complaint
Chapter 11. Acquittal in Cases of Dishonour of Cheque
Chapter 12. Summary Suits on Cheques Dishonoured
Chapter 13. Dishonour of Cheque Visa vis Indian Penal code, 1860
Chapter 14. The Jurisdiction Conundrum
Chapter 15. Way Forward to Curb the Pendency in Courts
Chapter 16. Relevant Statutes
Chapter 17. Model Forms
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Author Details
Rajesh Narain Gupta is the Managing Partner of the law firm, SNG & Partners, Advocates and Solicitors.
His areas of specialization include Financial Services, Commercial Laws, Real Estate and Private Client Practice. He is an advisor to a number of leading Foreign and Indian Banks, Financial Institutions, Real Estate players, Corporate and Industrial Houses. He is a pioneer in India in the area of Succession & Estate Planning.
Rajesh has authored and revised several books on banking laws and practices including the publications of Late Mr M L. Tannan and S N Gupta. He has been conferred with several domestic and international accreditations in his area of practice.
Amit Aggarwal is the Senior Partner and head of corporate practice of the law firm, SNG & Partners, Advocates and Solicitors. His areas of specialization include Banking, Financial Services, Capital Markets, Mergers & Acquisitions (M&A) and Private Equity transactions. He frequently advises International investors on their India investment strategies. He has also been the advisor to private equity funds to their investment and exit strategies in India. He specialises in complex banking transactions such as, hybrid debt transactions, project finance, and structured trade finance.
Amit has authored several articles on various subjects which impact financial services. Amit led the team which worked on behalf of SNG & Partners in the book Documentary Letters of Credit published by Universal Law Publishing-an imprint of LexisNexis.
He has been consistently rated as a leading Banking and Finance lawyer in India by several international publications like Chambers & Partners, Legal 500, Asia law, IBLJ, Forbes and other publications that focus towards the Indian legal fraternity.