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smooth functioning of all business transactions, particularly, of

cheques as instruments, honesty of the parties. commercial transactions, even merely as a device

creditors.

The

sanctity

primarily depends upon the integrity and In our country, in a large number of it was noted that the cheques were issued not only to stall but even to defraud the and credibility of issuance of cheques in

commercial transactions was dishonour of a cheque by the

eroded to a bank causes

large extent. Undoubtedly, incalculable loss, injury and

inconvenience to the payee and the entire credibility of the transactions within and outside the country suffers a serious

business setback.

The Parliament, in order to trustworthy substitute for

restore the credibility of cash payment enacted

cheques as a the aforesaid

provisions. matter and

The remedy available in a civil an unscrupulous drawer normally

court takes

is a long drawn various pleas to

defeat the genuine claim of the payee.”23

  • (d)

    PROBLEM OF DELAY IN DISPOSAL OF CASES

    • 2.18

      Over 38 lac cheque bouncing cases are pending in various courts in

the country. There are 5,14,433 cases under section 138 of the Negotiable Instruments Act, 1881 (cheque bouncing disputes) pending in criminal courts in Delhi at the Magisterial level as on 1st June, 2008. Similarly, in Gujarat 84,000 and in Mumbai 1,51,759 cases are pending. As reported in a

23

Ibid. at 463.

21

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