Nepal

OAG files review petition

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Kathmandu, August 2 The Office of the Attorney General today filed a review petition in the Supreme Court against the latter recent verdict that rules against invoking Banking Offence and Punishment Act-2008 for cheque-bounce cases, said Spokesperson for OAG Sanjiv Raj Regmi. A division bench of justices Dambar Bahadur Shahi and Kumar Regmi issued this ruling in a case filed by the government against Nirmala Sodari, a resident of Kailali district.

The SC delivered its verdict a June 24.

The SC said since Negotiable Instruments Act-1977, incorporated comprehensive provisions related to cheque bounce cases, adjudication of such cases should be based under NIA and not BOPA.

If the precedent set by the SC applies to all similar cases, cheque bounce cases will not be a criminal case where the government will be the plaintiff. Under existing provisions, the affected party may file an FIR at the police office under Government Case Act following which the police can arrest the accused and carry out investigation. Remgi said that the SC verdict was not inconsistent with the its past precedents where it had once said that in a case where two laws could be invoked, then the latest law should be accorded priority.

BOPA is the latest law to govern issues of bounced cheques.

Regmi said BOPA incorporated adequate provisions to ensure justice for victims and deterrence against erring parties. He said if cheque bounce issues were not addressed by BOPA, then it could adversely affect the banking system. The post OAG files review petition appeared first on The Himalayan Times.




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