Kapeesh Law Chambers

   Introdcution The dishonour of a cheque occurs when a bank refuses to honor the cheque presented for payment. This is a serious issue, and it can happen for several reasons such as insufficient funds, mismatched signatures, or account-related discrepancies. Under the Negotiable Instruments Act, 1881, victims of cheque dishonour have certain legal remedies.    1. Legal Framework: Negotiable Instruments Act, 1881 The Negotiable Instruments Act, 1881 is the primary law that governs the dishonour of cheques in India. Section 138 of the Act addresses the criminal liability arising from dishonoured cheques, particularly for cases where cheques are returned due to insufficiency of funds or when the amount exceeds the arrangement made with the bank.    Key Sections of the Act: - Section 138: This section makes the dishonour of a cheque a criminal offense. When a cheque bounces due to insufficient funds, the drawer (the person who issued the cheque) can face crimi...

Introduction In criminal jurisprudence, the framing of charges represents a critical stage of a trial. This process is a formal declaration by the court outlining the specific accusations made against the accused. It ensures that the accused knows the charges they face, which enables them to prepare an appropriate defense. The objective is to maintain fairness and transparency within the legal framework. The recent enactment of the Bhartiya Nagrik Suraksha Sanhita (BNSS) introduces certain new provisions that aim to make the process more efficient and less cumbersome.     What is the Framing of Charges?   Framing of charges occurs after the investigation is complete and the prosecution has submitted its charge sheet to the court. If the court finds prima facie evidence, it frames charges against the accused. This marks the beginning of the formal trial, where the accused can plead guilty or contest the charges.   Under the new framework of the BNSS, pro...