Eshna Manoj Bajpai, Kirit P. Mehta School of Law, Mumbai
ABSTRACT
Purpose: The purpose of this paper is to understand and analyse the scope of implementing Alternative Dispute Resolution mechanisms in cases of cheque dishonour which is a criminal offence in nature.
Research Implications: The paper provides a basic overview of how Alternative Dispute Resolution processes such as Arbitration and Mediation can assist in dealing with cheque dishonour cases which are classified as a criminal offence under Section 138 of the Negotiable Instruments Act, 1881.
Findings: The study highlights the need for a more integrated approach to resolving disputes involving cheque dishonour, which includes the promotion of ADR methods alongside traditional court proceedings. Such an approach would provide greater access to justice for all parties, reduce the burden on the court system, and ultimately lead to more effective and efficient resolution of disputes.
Keywords: Cheque Dishonour, Alternative Dispute Resolution, Negotiable Instruments Act, Criminal offence, Mediation.
