08 May 2012

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PIL Section 138 Cheque Bounce Jail not constitutional violative of article 14 and 21 SC issued notice to government



PIL Section 138 Cheque Bounce Jail not constitutional violative of article 14 and 21 SC issued notice to government

Petitioner lawyer Yeshwanath Shenoy filed a PIL in Supreme Court of India.




In his application he said that Supreme Court has held that even the law has to pass the test of reasonableness and the Section 138 of the Negotiable Instruments Act, 1881, has "miserably failed to pass the test of reasonableness" and violated Article 14 and 21 of the constitution.

Further he told to Court that Section 138 does not guarantee "liberty to an 'honest drawer' of a cheque who is subsequently hit by a fate of destiny making them unable to pay the debts".

He has sought the release of all the people who are undergoing incarceration after being convicted under the law and the court holding the provision to be violative of Article 14 and 21 of the Constitution.

He told to court that that distinction has to be made between the people who are willing to pay but are unable to pay and those who are unwilling to pay.

He told to court that the Section 138 tied the hands of the magistrate as he has no option but to send a person to three months imprisonment in the event cheque issued by him bounces.

He said that legislature could not enact a law that tied the hands of the judiciary without leaving it with any option or discretion.

The Supreme Court Tuesday issued notice to the central government on a plea challenging the constitutional validity of a law which leaves no option to a magistrate but to send a person to jail if he is unable to pay as his cheque bounces.

The notice to the central government is returnable in ten weeks.

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Tuesday, May 08, 2012


Tags – Cheque Bounce


 

15 comments:

R May 09, 2012  

Interesting news, thanks for sharing!

Baur May 09, 2012  

Hm very neat!

wizardOZZ May 09, 2012  

very interesting, thank you!

Random Blogger May 09, 2012  

Thanks. Keep us updated.

Jim May 09, 2012  

Thanks for posting this, was nice to read.

Krishna May 09, 2012  

Interesting and indeed info

thanks for sharing

Nathan May 09, 2012  

lol, not just failed. MISERABLY failed...