Posted by AI on 2025-09-03 15:28:21 | Last Updated by AI on 2025-09-03 18:38:53
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The Supreme Court ruled that any cheque dishonour cases under Section 138 of the Negotiable Instruments Act can be compounded any time, even after conviction, if both parties involved mutually agree to settle. The ruling aims to provide a quicker and more flexible resolution to these cases that often clog the courts.
The recent ruling by the Supreme Court on cheque bouncing cases is a significant move to ease the burden on India's legal system and provide incentive for settlement negotiations. The Negotiable Instruments Act of 1881 governs cheque-related disputes in India and focuses on punishing cheque dishonour.
Cheque bouncing cases in India have evolved into one of the most contentious and rapidly expanding areas of litigation. Under Section 138 of the Act, the issuer of a cheque is deemed guilty of a criminal offence if the cheque is dishonoured for reasons such as insufficient funds. This ruling highlights the court's effort to promote amicable resolutions to disputes. It signals a shift towards encouraging compromise and voluntary settlement by allowing defendants the opportunity to avoid the hassle and inconvenience of a trial.
The court's decision, which emphasizes the need for reconciliation between parties involved in cheque dishonour cases, could potentially expedite these cases, helping to clear the massive backlog of cases in the Indian legal system.
Ultimately, the ruling is a welcome development that will encourage the settlement of disputes outside the courts. The decision will play a crucial role in reducing the financial and emotional toll associated with lengthy court trials for all parties involved.