Subject: Request for Mandatory Dual Reason Disclosure in
Cheque Dishonour Cases
To
The Secretary,
Ministry of Law & Justice, Government of India
&
The Governor,
Reserve Bank of India
From
Vinay Dadmal
55 First Floor, Swarajnagar,
Behind Onkarnagar, Manewada Ring Road,
Nagpur – 440027
Email: dadmalv2015@gmail.com
Respected Sir/Madam,
I am writing to bring to your kind attention a critical issue regarding the handling of
cheque dishonour cases by banks in India.
Currently, when a cheque is dishonoured, banks mention only the primary
reason (e.g., "signature mismatch") and do not disclose if insufficient funds was
also a contributing factor. This practice can lead to legal ambiguity, especially in
cases where the drawer may have acted with dishonest intent, and where Section
138 of the Negotiable Instruments Act could otherwise be invoked.
�� My humble request:
I urge the Ministry and the RBI to issue clear guidelines to all banks, requiring them
to:
1. Check for insufficient funds in every cheque dishonour case, regardless of
other reasons.
2. Mention all applicable reasons for dishonour in the return memo, including
both technical and financial grounds.
This will help:
Ensure transparency in banking operations.
Empower payees with accurate legal grounds for action.
Strengthen the enforcement of Section 138 of the NI Act, which is vital for
maintaining trust in financial transactions.
I hope you will consider this suggestion in the interest of justice and financial
accountability.
Thank you for your attention.
Sincerely,
Vinay Dadmal
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