EFFECTS NOT CLEARED; PRESENT AGAIN (3)- REASON OF CHEQUE RETURN

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IN SIMPLE WORDS WE CAN UNDERSTAND THE WORD EFFECTS NOT CLEARED; PRESENT AGAIN MEANS CHEQUES IN DEBIT ACCOUNT ARE IN CLEARING CYCLE BUT FATE IS STILL UNKNOWN. ALSO LESS OR NO FUND IN CHEQUE DRAWER’S BANK ACCOUNT TO GET CLEARING OF CHEQUE. THAT’S WHY THE CHEQUE IS DISHONOUR WITH A REASON EFFECTS NOT CLEARED; PRESENT AGAIN

WHY CHEQUE GET BOUNCED CAUSE OF EFFECTS NOT CLEARED; PRESENT AGAIN?

THIS IS A REASON FOR CHEQUE RETURN WHICH HAVE MEANING IS CHEQUE HAS BEEN DEPOSITED TO THE BANK FOR CLEARING BUT THE CHEQUE HAS NOT YET GONE THROUGH THE BANK SYSTEM AND THE AMOUNT PAID IN THE ACCOUNT.

EXACTLY, CHEQUE EFFECTS OF DRAWERS ARE NOT CLEAR TO GET CLEARING OF CHEQUE. AND FURTHER OVERDRAWING ON THE ACCOUNT WOULD NOT BE ALLOWED. AND IT IS POSSIBLE IF CHEQUE PRESENT AGAIN INTO THE BANK FOR CLEARING MAY BE CLEAR.

EFFECTS NOT CLEARED; PRESENT AGAIN IS RELATED TO FUND SO FUND IS NOT SUFFICIENT IN DRAWERS BANK ACCOUNT ALSO A REASON OF DISHONOUR OF CHEQUE.

WHAT IS THE MEANING OF EFFECTS NOT CLEARED; PRESENT AGAIN?

EFFECTS NOT CLEARED; PRESENT AGAIN IS A CHEQUE BOUNCE REASON WHICH IS SHOWN BY BANKS TO THE DRAWEE AT THE TIME OF CHEQUE CLEARANCE PROCESS.

FOR EXAMPLE- RAM (DRAWER) ISSUED A CHEQUE OF 20000 RS IN FAVOUR OF BABLU (DRAWEE) WITH A DATE OF 31.03.2023. A PRESENTS THAT CHEQUE IN THE BANK TO GET CLEARANCE BUT AFTER PRESENTING THAT CHEQUE HE GETS THAT CHEQUE CLEAR IN THE BANK STATEMENT IN THE MORNING AND IN THE EVENING CHEQUE BOUNCES WITH A REASON (EFFECTS NOT CLEARED; PRESENT AGAIN). IN THIS CASE, BABLU WILL SEE TWO ENTRIES OF CREDIT AND DEBIT OF 20000 RS IN HIS BANK ACCOUNT STATEMENT.

WHAT SHOULD WE DO IN CASE OF A CHEQUE IS BOUNCED FOR A REASON OF (EFFECTS NOT CLEARED; PRESENT AGAIN)?

IN THIS CASE, WE SHOULD THINK THAT WE WANT TO RECEIVE OUR MONEY FROM THE DEBTOR (DRAWER) BUT NOT POSSIBLE CAUSE OF A SPECIFIED REASON (EFFECTS NOT CLEARED; PRESENT AGAIN)

SO WE NEED TO DO THIS BEFORE PRESENTING THAT CHEQUE TO THE BANK:

  1. TAKE A PENALTY FROM THE DRAWER MINIMUM OF 500 RS. PER CHEQUE BECAUSE YOUR GOODWILL WILL HARM WITH THIS AND BANK WILL ALSO CHARGE FROM YOU.
  2. TELL TO DRAWER TO DEPOSIT SUFFICIENT FUNDS IN HIS BANK ACCOUNT OR COVER THE BANK OVERDRAFT OR CASH CREDIT LIMIT WHICH IS EXCEEDING.
  3. YOU CAN PRESENT THAT CHEQUE IN THE BANK UP TO 3 TIMES SO MAKE SURE SHOULD HAVE FUNDS.
  4. IF 3 TIMES YOU GET A CHEQUE BOUNCED WITH A REASON ( FUND INSUFFICIENT) THEN YOU SHOULD NOT TRY TO DEAL AGAIN WITH THAT CUSTOMER CAUSE HE IS HARMFUL TO YOUR GOODWILL.
  5. YOU SHOULD NOT TRY TO DEAL AGAIN WITH THAT CUSTOMER CAUSE HE IS HARMFUL TO YOUR GOODWILL.
  6. PRESENT CHEQUE IN BANK AGAIN AFTER CONFIRMATION FROM THE CUSTOMER ABOUT FUND.
  7. PRESENT CHEQUE WITHIN THE VALIDITY PERIOD OF THAT CHEQUE. BECAUSE THE CHEQUE IS VALID UP TO 3 MONTHS FROM THE DATE OF MAKING THE INSTRUMENT.

OFFENCE OF CHEQUE BOUNCING – ESSENTIAL POINTS

BOUNCING OF A CHEQUE INVITES CRIMINAL PROSECUTION UNDER SECTION 138 OF THE NI ACT. PUNISHMENT FOR THE OFFENCE UNDER SECTION 138 OF THE NI ACT IS IMPRISONMENT UP TO TWO YEARS OR A FINE WHICH MAY EXTEND TO TWICE THE CHEQUE AMOUNT OR BOTH.

THE OFFENCE IS BAILABLE, COMPOUNDABLE AND NON-COGNIZABLE. ESSENTIAL INGREDIENTS OF AN OFFENCE UNDER THE SECTION CAN BE SUMMED UP AS FOLLOWS:

  • 1. A PERSON MUST HAVE DRAWN A CHEQUE ON A BANK ACCOUNT MAINTAINED BY HIM.
  • 2. THE CHEQUE SHOULD HAVE BEEN ISSUED IN DISCHARGE, IN WHOLE OR IN PART, OF ANY DEBT OR OTHER LIABILITY.
  • 3. THE CHEQUE HAS BEEN PRESENTED TO THE BANK WITHIN THE PERIOD OF ITS VALIDITY (3 MONTHS FROM THE DATE OF THE CHEQUE).
  • 4. THE CHEQUE IS RETURNED BY THE BANK UNPAID, EITHER BECAUSE OF FUNDS INSUFFICIENT OR IT EXCEEDS THE AMOUNT ARRANGED TO BE PAID.
  • 5. THE PAYEE MAKES A DEMAND FOR THE PAYMENT BY GIVING A NOTICE IN WRITING, WITHIN 30 DAYS OF THE RECEIPT OF INFORMATION BY HIM FROM THE BANK.
  • 6. THE DRAWER FAILS TO MAKE PAYMENT OF THE SAID AMOUNT OF MONEY WITHIN 15 DAYS OF THE RECEIPT OF THE SAID NOTICE.
  • 7. COMPLAINT IS MADE WITHIN ONE MONTH OF THE DATE ON WHICH THE CAUSE OF ACTION ARISES.

AN OFFENCE IN TERMS OF SECTION 138 IS COMMITTED EVEN IF THE CHEQUE IS RETURNED ON THE GROUND OF “CLOSURE OF THE ACCOUNT”.  

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