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The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.

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The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.

Advent of cheques has given market a new dimension to corporate and commercial world for transaction. People prefer carrying and execute small piece of paper called cheque than carrying the currency worth the value of cheque. But, there is certain Section of society that intends to execute a cheque without having an intention to honor it. Prior to 1988, no legal provision existed which restrained people from issuing cheques without sufficient funds in their accounts or punishes them in event of the same.

The Section 143 of the Negotiable Instrument Act of 1881, specifically provides for all offences under the chapter to be tried by Judicial Magistrate of First Class or Metropolitan Magistrate in accordance with summary trial provisions of Section 262 to Section 265 of Code of Criminal Procedure. It provides that in case of Section 138 of the Act, the Magistrate is empowered to pass a sentence up to one year imprisonment.

The Section 138 Negotiable Instruments Act of 1881 creates penalty for matters in which holder has drawn a cheque in favour of drawee with insufficient funds to his corresponding account. However, there can be instances where such holder of cheque has not intentionally acted in such a manner.

After a public consultation process and recommendations from a joint committee of Parliament, both houses of Parliament have now passed the Insolvency and Bankruptcy Code, 2016. Under the existing legal framework, the primary onus to initiate a resolution process lies with the debtor, and creditor may pursue separate actions for recovery, security enforcement and debt restructuring.

The Section 24 of Hindu Marriage Act 1955 deals with Maintenance pendente lite and expenses of proceedings. The section provides for the payment of the alimony from the other spouse in condition that the other has no significant or independent means to support themselves. The section also stipulates the payment of such sum on an monthly basis from elapsement of sixty (60) days from the date of service of the notice on the spouse.

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