Trial of Bouncing of Cheques by Anil K. Khaware provides an in-depth and practice-oriented examination of cheque dishonour litigation under Section 138 of the Negotiable Instruments Act, 1881. The book goes beyond the basics to explain complex procedural and evidentiary aspects, such as the rebuttal of statutory presumptions, quashing of complaints, grounds for acquittal, and the interaction between criminal proceedings and civil/commercial suits. It also highlights the role of the Commercial Courts Act, specified value, mediation, and jurisdictional issues, making it an indispensable guide for practitioners handling cheque bounce matters in modern courts.
Key Features:
- Comprehensive analysis of Section 138 of the Negotiable Instruments Act, covering ingredients of the offence and trial procedure.
- Detailed discussion on rebuttal of presumptions under Sections 118 and 139 of the Act - with illustrations from leading case law.
- Examination of grounds for quashing and principles governing acquittal in cheque dishonour cases.
- Explains the interplay between criminal complaints and commercial suits arising from the same transaction.
- Covers Commercial Courts Act provisions related to specified value, jurisdiction, and mandatory pre-institution mediation.
- Practical guidance for drafting notices, pleadings, and complaints, and for effectively conducting trial and cross-examination.
- Includes references to recent Supreme Court and High Court rulings interpreting Section 138 procedure and evidentiary standards.
This book is ideal for criminal lawyers, commercial litigators, judicial officers, and postgraduate law students seeking a comprehensive understanding of cheque bounce trials, quashing and acquittal principles, and the interface between criminal prosecution and civil/commercial remedies.