Director’s Liability in case of Cheque Dishonor

Authors

  • Monika Jain Bar Council of India, New Delhi, India

Keywords:

cheque, director, liability, dishonor, vicarious liability, responsibility

Abstract

Since directors' accountability is crucial to preserving the integrity of the Indian financial system, the issue of directors liability in cases of cheque dishonor is crucial. The topic of directors culpability in the event of a dishonored cheque in India is examined in this research paper. Even while there are legal measures in place to hold directors accountable, there are a lot of situations in which they manage to avoid responsibility. This calls into question how well the current legal system works to make sure directors are held responsible for their activities. The purpose of this study is to find out how much directors in India are held accountable for cheque dishonour situations and to pinpoint any legal loopholes that might be contributing to the issue. Data are
gathered for the study using a mixed-methods methodology, which includes a thorough assessment of the literature and a SC judgment of cheque dishonor. The results show that victims have difficulty obtaining legal remedies against directors and that the current legal system is inadequate for holding directors responsible for cheque dishonor. In addition to serving as a resource for legislators, solicitors and victims of cheque dishonor, this study attempts to add to the body of knowledge regarding directors' culpability in Indian cases involving cheque dishonor.

Author Biography

Monika Jain, Bar Council of India, New Delhi, India

Dr. Monika Jain

Senior Advocate

Bar Council of India, New Delhi, India

References

Suri, S. (2012). Liability of Directors in Case of Dishonor of Cheques. Journal of Company Law, 9(3), 74-81.

Internal control mechanisms and director accountability for dishonoured cheques. Journal of Financial Crime,

(2), 409-420

Lawyered. 2019. 8 Reasons Why Your Cheque Is Dishonoured.

Shane, M., 2012. Jail For Bounced Cheques "Makes No Sense" - UK Judge

The Economic Times. 2020. Some Financial Offences Like Bouncing Of Cheques

Desai, A., 2020. DecriminalisingDishonouringOf Cheques: The Saga And The Need.

Ccs.in. 2015. Criminalizing Cheque Bounce Cases – An Effective Remedy?

https://www.ijlsi.com/wp-content/uploads/Decriminalizing-Section-138-of-the-Negotiable-Instruments-Act-

-The-Step-Forward.pdf

Manohar, H. L., & Raman, K. (2016). Internal control mechanisms and director accountability for dishonoured

cheques. Journal of Financial Crime, 23(2), 409-420.

Suman, S. (2013). Director's Liability under Section 138 of the Negotiable Instruments Act. National Law

School Journal, 11, 133-155.

Suri, S. (2012). Liability of Directors in Case of Dishonor of Cheques. Journal of Company Law, 9(3), 74-81.

Manohar, H. L., & Raman, K. (2016). Internal control mechanisms and director accountability for dishonoured

cheques. Journal of Financial Crime, 23(2), 409-420.

Suman, S. (2013). Director's Liability under Section 138 of the Negotiable Instruments Act. National Law

School Journal, 11, 133-155.

Chavan, A. (2015). Liability of Directors in Cheque Bouncing Cases. Indian Journal of Research, 4(10), 24-26.

https://delhidistrictcourts.nic.in/DigitalNIActCourtsProjectImplementationGuidelines.pdf

Jadhav, S. B., & Kadam, V. (2017). An empirical study on cheque dishonour cases with reference to director

accountability. International Journal of Law and Management, 59(6), 810-826.

Swarnalatha, M., & Sumathi, K. (2015). Corporate governance and director accountability for dishonoured

cheques: An empirical study. International Journal of Economics and Business Research, 9(4), 369-385.

Section 138 of the Negotiable Instruments Act of 1881

Section 138 of the Negotiable Instruments Act of 1881

Section 141 of the Negotiable Instruments Act of 1881

Section 138, 142 of the Negotiable Instruments Act of 1881

Smt.AshaBaldwa vs Ram Gopal &Anr Criminal Misc(Pet.) No. 2726 / 2014

https://m.economictimes.com/news/politics-and-nation/directors-can-be-held-liable-for-dishonour-of-cheque-

rules-sc/articleshow/44894320.cms

Mukherjee, D. and Pandey, A. (2019). The Liability Regime For Non-Executive and Independent Directors in

India A Case for Reform Report

Section 141 of the Negotiable Instruments Act

Section 138 of the Negotiable Instruments Act

Section 138 of the Negotiable Instruments Act

Sunil Bharti Mittal v. CBI, (2015) 4 SCC 609.

Standard Chartered Bank v. State of Maharashtra, (2016) 6 SCC 62.

Kusum Ingots & Alloys Ltd. v. Pennar Peterson Securities Ltd., (2000) 2 SCC 745

Standard Chartered Bank v. Andhra Bank Financial Services Ltd., (2006) 6 SCC 94

S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89

Dashrath Rupsingh Rathod v. State of Maharashtra, (2014) 9 SCC 129

S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2019) 12 SCC 18

Ashok Shewakramani v. State of Andhra Pradesh SC 2023

Internal control mechanisms and director accountability for dishonoured cheques. Journal of Financial Crime,

(2), 409-420

Suman, S. (2013). Director's Liability under Section 138 of the Negotiable Instruments Act. National Law

School Journal, 11, 133-155.

2Patil, G., 2014. Government May Amend Law To Clear Cheque-Bounce Cases Soon. [online] The Economic

Times.

Chavan, A. (2015). Liability of Directors in Cheque Bouncing Cases. Indian Journal of Research, 4(10), 24-26

Singhania, K., 2020. Decriminalization Of The Offence Of Dishonour Of Cheques: Are We Moving In The

Right Direction? | Lexology.

Roy, S., 2020. The Saga OfCriminalising And Then Decriminalising Cheque Bouncing. [online]

Blog.theleapjournal.org

Ministry of Finance, Govt. of India Recommendation dated June 8, 2022 titled “Decriminalisation of Minor

Offences For Improving Business Sentiment And Unclogging Court Processes”,

Published

2024-06-03