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Category Archives: cheques

RBI to move to CTS for clearing government’s cheques

RBI has decided to dispense with the requirement of physically forwarding paid central government cheques to the departments for clearance.

With a view to enhancing efficiency in cheque clearing, Reserve Bank has introduced Cheque Truncation System (CTS) for clearance of cheques, facilitating the presentation and payment of cheques without their physical movement.

Taking this initiative forward, it has now been decided in consultation with the Office of the Controller General of Accounts (CGA), Ministry of Finance, Government of India,  to dispense with current requirement of forwarding the paid Central Government cheques in physical form to the Government departments.

The practice of presenting cheques in physical form is commonly known as P2F.

The revised guidelines would be effective in respect of cheques issued by the Central Government and Union Territories (UTs) from February 1, 2016.

Click here to view the notification issues by RBI.

Cheque bounce cases can now be filed where it is presented

Parliament has passed a law allowing cheque bounce cases to be filed at the place where the cheque is presented for clearance and not the place of issue, a change that is expected to go a long way in improving legal recourse in such cases.

The Rajya Sabha passed the Negotiable Instruments (Amendment) Bill  without any debate. The Minister of State for Finance Jayant Sinha moved the bill for passage that had been passed by the Lok Sabha earlier.

The amendments to the Negotiable Instruments Act will impact over 18 lakh cheque bounce cases pending in various courts, Sinha said while moving the bill.

The amendments overturn a Supreme Court ruling which said the cases have to be initiated where the cheque-issuing branch was located.

The court had reasoned that the territorial jurisdiction for dishonour of cheques is restricted to the court within whose local jurisdiction the offence was committed, where the cheque is dishonoured by the bank on which it is drawn.

Subsequently, stakeholders made representations to the government, pointing out the wide impact this judgment would have on the business interests offering undue protection to defaulters at the expense of the aggrieved complainant.

The government decided to amend the Negotiable Instruments Act, 1881. As per the amendment cases involving bounced cheques can be filed only in a court in whose jurisdiction the bank branch of the payee, the person who receives the cheque, lies.

“The offence under section 138 shall be inquired into and tried only by a court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment, is situated,” the new provision says.

Under this rule, the aggrieved person can file a cheque bounce case in his area and the defendant will have to travel to defend himself, enhancing the strength of the legal recourse.

The amended law also provides that if a complaint against a person issuing a cheque has been filed in the court with the appropriate jurisdiction, then all subsequent complaints against that person will be filed in the same court, irrespective of the relevant jurisdiction area.

Source: The Economic Times

5 reasons why cheques are turned down

From poor balance to mismatching signatures, here’s what you need to look out for in dishonoured cheques.

1) Insufficient funds: The cheque amount is more than the free balance available in the drawer’s bank account.

2) Irregular signature: The signature of the drawer on the cheque does not match the specimen signature available with the bank.

3) Stale and post-dated cheques: A cheque presented 3 months from the date written on it or presented before the date written.

4) Alterations: No alternation is permitted in the payee name, amount in words or in figures. The drawer signs near it to verify any other alteration.

5) Frozen account: If a court or government orders that a customer’s account has to be frozen, the bank will dishonor any cheque presented on behalf of that customer.

Source: The Economic Times