The President of India gave his assent to Negotiable Instruments (Amendment) Ordinance, 2015 on 5th June 2015. This ordinance seeks to amend the Negotiable Instruments Act, 1881 to prevent the stacking up of the cases of cheque dishonour. Though the unamended Act mentions circumstances under which complaints for dishonour of cheque can be filed (Section 138), however, it does not include a provision to determine the territorial jurisdiction of the courts where such a complaint is to be filed.
The concerned Ordinance, however, overrules the order of the Hon’ble Supreme Court of India issued in August 2014 (Criminal Appeal No. 2287 of 2009). The Negotiable Instruments (Amendment) Bill was passed by the Lok Sabha on 13th May 2015 with a voice vote and is still pending in the Rajya Sabha. Since the Parliament is not in session, the President on the satisfaction of the urgency of such an action, promulgated the concerned Ordinance.
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