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२३.१२°C काठमाडौं
काठमाडौंमा वायुको गुणस्तर: ९७

"Amendment of the law to organize the investigation of banking crimes"

भाद्र १०, २०८१
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Highlights

  • Emphasizing that the check dishonoring act should make some strict policies and also some simplification

Deputy Prime Minister and Finance Minister Bishnu Paudel has said that the existing law is going to be amended to make the investigation and prosecution process of banking offenses more systematic and effective. In the Finance Committee of the Federal Parliament on Sunday, Finance Minister Paudel stated that since the incidents of banking offenses and dishonoring of checks have increased in recent days, it is necessary to reduce them and organize studies.

For the crime known as 'check bounce', the existing legal system has been amended in the Banking Offenses and Punishment (Second Amendment) Bill 2080, which can be reconciled with the consent of both parties. On the same bill, the finance committee called Finance Minister Poudel and discussed it on Sunday.

'Incidents related to banking offenses and check dishonor have increased significantly. In order to organize the investigation and prosecution process of the said incident, this bill should be implemented as a law," Finance Minister Paudel said, "The proposed bill has given priority to financial penalties in banking offenses such as check dishonor."

There is a provision in the amended bill of the Banking Offenses and Punishment Act to end the trend of cashing checks without money in the bank account, and even if the check is dishonored for some time, it can be paid later or negotiated between the two parties. "Act related to check dishonoring has to be amended because some strict policies have to be made and some simplifications have to be made," he said Finance Minister Paudel said that he is going to do it.

It is more appropriate to impose a cash fine than jail for banking offences, said Swarnim Wagle, vice-chairman of the Rashtriya Swatantra Party. "There is such a recognition worldwide, even in Nepal it is followed," he said. , it is so loud that he does not dare to repeat the same mistake again.'' He says that many bills are stuck because the committee meeting is not effective.

080 The Cabinet meeting on July 23 approved the draft Bill 080 to amend the Banking Offenses and Punishment Act 064. Then the then Finance Minister Prakasharan Mahat registered this bill in the Parliament on 16 October 1980.

The government has prepared this bill based on the suggestion that the Banking Offenses and Punishment Act should be amended from the study of the Attorney General's office and the order of the Supreme Court of Vyhora to make it uniform as there are different types of legal remedies in the case of check dishonor. The bill provides that a person should not issue a check without having funds in his account. "No one should knowingly issue a check to someone knowing that there is no balance in his bank account or even if the balance is not sufficient for payment, or demand payment of such a check from the bank," the bill states. Through the

bill, the penalty for banking offenses related to check dishonor is going to be amended. In Banking Offenses and Punishment Act, 064, if a check is dishonored, there is a provision of fine and imprisonment up to three months. But if the check is proved to be dishonoured, the bill has been drafted so that if the check is dishonored, the account holder who issues the check will be fined five percent of the amount and the account holder who issued the check will be fined five percent of the amount and imprisonment based on the amount deducted from the check has been drafted.

"Regardless of what is written in the current law, in the case of check dishonor, the defendant can pay the amount mentioned in the check to the holder and both sides of the case can make an application to the government attorney through the investigation officer and if the case has already been filed in the court, through the government attorney, they can make an application to the court for an agreement." It is mentioned in the bill, 'If the government lawyer is in the course of investigating the case, he must order the investigation officer to make a settlement between both parties and to suspend the investigation related to the settlement record.'

प्रकाशित : भाद्र १०, २०८१ ०६:३८
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