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Section 138 of the Negotiable Instruments Act, 1881: A Complainant’s Legal Arsenal Against Cheque Dishonour.

By: Samadrita Debbarma

Abstract

The Indian financial system rests on the credibility of negotiable instruments, especially cheques. Section 138 of the Negotiable Instruments Act, 1881 ("NI Act"), introduced by the 1988 amendment, serves as a penal provision to reinforce this trust. Despite being quasi-criminal in nature, its ultimate objective is compensatory...

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