Treatise on Negotiable Instruments Act Along With Dishonour of Cheques | As Per New Criminal Laws Perspectives

Treatise on Negotiable Instruments Act Along with Dishonour of Cheques by Adv. Yogesh V. Nayyar is a comprehensive commentary on the law relating to negotiable instruments, with particular emphasis on the dishonour of cheques. The book covers Bills of Exchange, Cheques, Promissory Notes and Hundis, along with the substantive and procedural aspects of cheque dishonour proceedings. It examines the specialised legal framework governing such cases and the process of criminal trial in dishonour of cheque matters.

Key Features:

• Detailed coverage of dishonour of cheques under Sections 138, 139, 141 and 142 of the Negotiable Instruments Act.
• Updated in light of the new criminal laws, including the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Explains the complete process from issuance and presentation of the cheque to legal notice, filing of complaint, trial, judgment, conviction, acquittal and appeal.
• Covers the causes of dishonour and the statutory mandates of 15 days and 30 days.
• Examines limitation for lodging complaints and condonation of delay.
• Discusses payment of interim compensation and the rule of preponderance.
• Detailed treatment of statutory presumptions and their rebuttal.
• Covers cross-examination, including defences and strategies while examining the complainant and witnesses.
• Discusses challenges to documents and the role of expert evidence.
• Examines cases involving black money against which a cheque is issued and the maintainability of complaints.
• Covers dismissal, discharge and acquittal in cheque dishonour proceedings.
• Discusses interlocutory orders, including summoning of accused and invocation of Section 482 of the Code of Criminal Procedure, 1973.
• Addresses company, partnership and proprietorship liability in cheque dishonour matters.
• Covers security cheques, blank cheques, post-dated cheques, stop-payment instructions, account closure and insufficient funds.
• Examines jurisdiction, banking records and documentary evidence.
• Covers Power of Attorney complaints and substitution of complainant.
• Includes practical guidance on legal notices, complaints, evidence and cross-examination.
• Discusses lost cheques, time-barred debt and related defence issues.
• Covers Lok Adalat settlements and execution of awards.
• Examines appeals, revisions, quashing petitions and discharge proceedings.
• Includes practical flow charts explaining the stages of cheque dishonour proceedings.
• Incorporates case law of the Supreme Court of India and High Courts concerning presumptions and evidence in dishonour of cheque cases.

This book is intended for advocates, judges, judicial officers, law students, banking professionals, chartered accountants, company secretaries, corporate legal departments, legal researchers, law firms and libraries.