oct 2012 by satish · 1 per cent to 1.5 per cent. this is in part a reflection of the slower growth...
TRANSCRIPT
THE BANK R TO EVERY NDI NE
I A
October 2012
THE BANKER TO EVERY INDIAN
Highlights of Previous IssuesJuly 2012
What's behind India's Investment Weakness?
Empowerment of Staff: A Roadmap
Ms. Paromita GhoshAssistant (Banking) North Eastern Circle
Profitable Financial Inclusion Model Shri Umesh Chandra SahuManager (Systems), IT Services Department, Chandigarh LHO
Legal Decisions on Banking Smt. K.K.SethulakshmiDy. Manager (Law), Law Section, SBI, Administrative office, Ernakulam
Ms. Laura PapiAssistant Director, (Asia and Pacific), International Monetary Fund
August 2012
September 2012
Legal Decisions on Banking Smt Sudha RadhakrishnanManager (Law), State Bank of India, Corporate Centre, Mumbai
Society, Economic Policiesand the Financial Sector
Shri YV Reddy Former Governor, Reserve Bank of India, (2003-08)
Shri Pratip ChaudhuriChairman, State Bank of India
India's Financial Sector: Case for a Level Playing Field
Dr. Duvvuri SubbaraoGovernor, Reserve Bank of India
State Bank Staff College Golden Jubilee Celebrations
Empowermentof Staff: A Roadmap
Shri Renjith Kumar BAssistant, State Bank of India, Alleppey Main Branch, Alappuzha
Banks' exclusion from the commodity derivatives market in India – A case of missed opportunities
Shri Debojyoti DeyEconomist, Multi Commodity Exchange of India, Mumbai
The Pursuit of Complete Financial Inclusion - The KGFS Model in India
Ms. Bindu Ananth
Mr. Gregory Chen
Mr. Stephen Rasmussen
President at IFMR Trust, Kanagam Village, Taramani, Chennai
Regional Representative for South Asia, CGAP,
Regional Manager Asia, CGAP
Shri Hemant ContractorMD & GE (IB), State Bank of India
Sustainable Excellence Through Engaged Customers, Employees And Right Use Of Technology
Shri A. Krishna KumarMD & GE (NB), State Bank of India
Challenges of Inclusive Banking
Legal Decisions on Banking Shri M. ManoharanManager (Law), Law Department, State Bank of India, Local Head Office, Chennai
Profitable Financial Inclusion Models Shri Pulak Kumar SinhaGeneral Manager (Payment Solutions), New Businesses Department,Corporate Centre, Mumbai
State Bank of India Monthly Review October 2012
T E BANKER TO Y NDH
EVER I IAN
SBI Monthly Review Editorial Committee
1. Dr.Brinda Jagirdar GM, ERD, SBI, CC, Mumbai
2. Shri S.D.Kelkar GM, Law Dept, SBI, CC, Mumbai
3. Shri Atul Kumar DGM, Vigilance Dept, SBI, CC
4. Dr.A.R.Chansarkar AGM (Economist), ERD, SBI, CC, Mumbai
5. Shri Bharat B. Sharma AGM, ERD, SBI, CC, Mumbai.
6. Shri V.S. Dikshit Chief Manager, ERD, SBI, CC, Mumbai
7. Shri Sumit Jain Dy. Manager (Economist), ERD, SBI, CC, Mumbai
8. Shri M.Ramachandran Asst.Manager (Systems), ERD, SBI, CC, Mumbai
Views expressed in the State Bank of India Monthly Review are not necessarily those of the State Bank of India or its Associates.
14
24
31Language and intentin Banking Communication
Shri Karthikeyan NairDGM (Vigilance), LHO Kerala
Basel II Norms and IndianBanking Sector: Future Prospects
Dr. Poonam BishtFinance Executive, Earnest & Young, Mumbai
Shri Pratip ChaudhuriChairman, State Bank of India
Role of India in Asia'sFinancial Growth
03
Legal Decisionson Banking
41Shri Ajith R.Manager (Law)Law Department, SBI, CC, Mumbai
Dr. C. RangarajanChairmanPrime Minister's Economic Advisory Council
THE BANKER TO EVERY INDIAN
Monthly Review I October 2012
03
It gives me great pleasure to be in your midst at the Concluding Session
of FICCI-IBA Banking Conclave. I am happy to know that over the last
three days you have discussed in some detail the various issues
confronting the Indian banking system. I am sure that these discussions
would help you in your resolve to make the Indian banking system more
efficient, productive and customer friendly.
1991 is an important landmark in the post-Independent Indian economic
history of our country. It is an equally important landmark in evolution of
the Indian banking system. Financial sector reforms were introduced as
part of the liberalisation process. These reforms were aimed at
enhancing the viability and efficiency of our banking system. While the
rapid growth of the Indian banking system in terms of geographical
diversification was well recognised, the banking system in 1991 was
weak in terms of net worth and profitability. It needed rejuvenation.
This was provided by the banking sector reforms. By dismantling the
administered interest rate structure, by reducing the prescriptions in the
form of CRR and SLR, by introducing prudential norms, by
recapitalising public sector banks, by injecting a greater element of
competition in the system through new banks as well as induction of
private sector in the public sector banks and by revamping the system of
regulation and supervision we have succeeded in creating a banking
system that is more safe and sound.
There is no doubt that the financial sector plays a critical role in any
2 Valedictory address by Dr. C. Rangarajan, Chairman, PMEAC delivered on 6th September 2012 at FICCI-IBA Conclave (FIBAC 2012) held at Mumbai.
State Bank of India
04
economy. Financial institutions, instruments and markets which
constitute the financial sector act as a conduit for the transfer of financial
resources from net savers to net borrowers. Institutionalisation of
savings and investment leads to augmentation of savings and better
allocation of resources. The gain to the real economy therefore depends
on how efficiently the financial sector performs the basic function of
intermediation. Financial sector development and economic
development have a mutually interacting beneficial effect. The one helps
the other. With respect to financial sector development and more
particularly banking development, there are two possible scenarios. One
is supply leading and the other is demand following. In the first case,
banking institutions come first into existence and then create the demand
for their services. In the second scenario, banking institutions are set up
to meet an emerging and existing demand. In the banking development of
our country, we have seen both types of phenomena operating.
The Indian financial system comprises an impressive network of banks
and financial institutions and a wide range of financial instruments.
There is no doubt that there has been a considerable widening and
deepening of the Indian financial system, particularly in the last two
decades. The extension of banking and other financial facilities to a
larger cross-section of people stands out as a significant achievement.
As a ratio of GDP at current prices, bank deposits increased from 18 per
cent in 1969–70 to 45.3 per cent by end-March 1995, and now stand at 73
per cent. All indicators of financial development, such as the 'finance
ratio', 'financial interrelations ratio' and 'intermediation ratio', have
significantly increased, highlighting the growing importance of financial
institutions in the economy and the growth of financial flows in relation
to economic activity.
The Indian banking system has emerged strong as a result of the reforms
introduced since early 1990s. However, as we go ahead, there a few
challenges to which I would like draw your attention.
Challenges Ahead
Monthly Review I October 2012
05
Capital Adequacy
Maintaining adequate capital has become imperative. In a globalised
financial system, every country has to conform to international
standards. The Basel III guidelines drafted after taking into account the
lessons learnt from the recent crisis have emphasized on both the quality
as well as quantity of capital maintained by banks to strengthen the
resilience of banking sector. The redesigned regulatory framework calls
for higher quantum as well as better quality of capital. The minimum
equity capital requirements have in fact been increased to 7 per cent
(inclusive of 2.5 per cent of capital conservation buffer) of risk weighted
assets as against the requirement of just 2 per cent under Basel II. The
new requirements have triggered a serious debate over the impact they
may likely to have on economic growth as well as the profitability of
banks. Different studies show different conclusions based on differing
assumptions.
In a globalised financial system, every country has to conform to
international standards. The Basel III guidelines drafted after taking into
account the lessons learnt from the recent crisis have emphasized on
both the quality as well as quantity of capital maintained by banks to
strengthen the resilience of banking sector. The redesigned regulatory
framework calls for higher quantum as well as better quality of capital.
The minimum equity capital requirements have in fact been increased to
7 per cent (inclusive of 2.5 per cent of capital conservation buffer) of risk
weighted assets as against the requirement of just 2 per cent under Basel
II. The new requirements have triggered a serious debate over the impact
they may likely to have on economic growth as well as the profitability
of banks. Different studies show different conclusions based on differing
assumptions.
The Indian banking system remains well capitalised. The capital
adequacy ratio for all scheduled commercial banks is now estimated at
14.17 per cent, well above the required 9 per cent. This high ratio means
that the implementation of even Basel III standards will not pose much
difficulty at least initially. However, it needs to be noted that the capital
requirements consequent upon the introduction of Basel III norms as
State Bank of India
06
well as the growth in credit consistent with a rapid economic growth of 8
to 9 per cent will require fairly large amount of capital to be injected.
According to the recent Annual Report of RBI, in order to achieve the
full Basel III implementation by March 31, 2018 the public sector banks
would require common equity to the tune of Rs. 1.4 to 1.5 trillion on top
of internal accruals and in addition to Rs. 2.65 to 2.75 trillion in the form
of non-equity capital. Similarly, major private sector banks would
require common equity to the tune of Rs. 200 to 250 billion on top of
internal accruals and in addition to Rs. 500 to 600 billion in the form of
non-equity capital. The estimates for common equity capital may turn
out to be an underestimate. While the private sector banks will have to
meet these requirements by accessing capital markets, public sector
banks will require additional budgetary support. Under the present
dispensation, about 50 per cent of the additional capital requirements in
the case of public sector banks will have to come from the government.
While several innovative suggestions have been made for raising the
capital, it is quite evident that the capital infusion by the government will
remain large and has to be a continuous process and as such a long term
programme will have to be drawn up. Otherwise, the market share of the
public sector banks will come down. In addition, banks will have to
perform in such a way that they will be in a position to attract the required
capital from the market. Investors' confidence in the banks' performance
must be built up.
Besides the capital adequacy ratio, the other important indicator of the
soundness of the banking system is the level of non-performing assets.
The asset quality of the Indian banks has improved over time with the
gross and net NPA ratios showing a continuous decline. The gross NPA
of all scheduled commercial banks came down from 14.6 per cent in
March 1999 to 2.25 per cent in March 2008. However, there is some
concern about the deterioration in asset quality in the last two years.
Gross non-performing assets of the public sector banks increased from
2.3 per cent at the end of 2010-11 to 3.2 per cent at the end of 2011-12.
This is indeed a significant increase. In net terms, the ratio went up from
Quality of Assets
Monthly Review I October 2012
07
1 per cent to 1.5 per cent. This is in part a reflection of the slower growth
of the Indian economy. In any economic downturn, asset quality
deteriorates. In the wake of the international financial crisis in 2008,
banks were allowed to restructure the debt of firms. The restructured
loans at the end of 2011-12 stand at 5 per cent of the loans outstanding.
Because of the slow growth, some of the restructured debts are in
difficulties in restructuring. The Indian banking system is also exposed
in a big way to certain sectors such as power and aviation which are not
doing well. Further, banks need to watch out for liquidity risks which
will increase because of maturity mismatches. Increased exposure to
real estate and infrastructure will lengthen the maturity of bank assets.
The challenge for banks lies in efficiently managing risks both in the
upswing and downswing.
If the Indian banking system is to remain competitive over time, there
should be periodic entry of new banks; a closed system can only become
oligopolistic. The 'threat' of entry should not therefore be eliminated, and
the central bank should lay down entry norms as also decide on who
satisfies the criterion of 'fit and proper'. It must be noted that new banks
take about two decades to achieve a sizeable level. Our decision on how
many new banks to be licensed must be based on what the economy will
need not today but over the next several decades.
Financial Inclusion, a term which has received much attention lately has
many dimensions. First, it relates to bringing the economic and socially
vulnerable sections into the ambit of the organized financial system.
Second, it denotes inclusion of all sectors of the economy; agriculture,
industry and services. Third, it implies the extension of the organized
financial system to all geographical regions. Thus, it has social, sectoral
and regional dimensions. However, the term financial inclusion has
largely been used in the context of providing finance to the bottom
deciles of population.
NSSO data reveal that 45.9 million farmer households in the country
Entry of New Banks
Financial Inclusion
State Bank of India
08
(51.4%), out of a total of 89.3 million households do not access credit,
either from institutional or non-institutional sources. Further, despite the
vast network of bank branches, only 27% of total farm households are
indebted to formal sources (of which one-third also borrow from
informal sources). Farm households not accessing credit from formal
sources as a proportion to total farm households is especially high at
95.91%, 81.26% and 77.59% in the North Eastern, Eastern and Central
Regions respectively. Thus, apart from the fact that exclusion in general
is large, it also varies widely across regions, social groups and asset
holdings. The poorer the group, the greater is the exclusion. What is true
of the banking system must be true in relation to the provision of other
financial services.
Financial exclusion is also caused by demand side issues. Unless steps
are taken on the demand side that is in the “real sectors” mere supply side
solutions from the financial sector will not work. Credit is necessary for
this, but not sufficient. Credit has to be an integral part of an overall
programme aimed at improving the productivity and income of small
farmers and other poor households. Putting in place an appropriate credit
delivery system to meet the needs of marginal and sub-marginal farmers
must go hand in hand with efforts to improve the productivity of such
farm households.
As far as banks are concerned, financial inclusion has two dimensions:
(a) providing deposit and payment facilities to the disadvantaged and
underprivileged, and (b) providing credit facilities to such people. In
some ways, it is easier to tackle the former than the latter. Technology has
facilitated improved facilities for depositing and withdrawing cash. The
business correspondent model, combined with new technology, should
be able to extend banking facilities to the interiors of the country and to
the existing unbanked. The provision of credit facilities to low income
peoples, however, is a much harder task. Once credit is granted, business
correspondents can take over, but the grant of credit itself requires some
fundamental changes in the way the rural bank branches function.
In order to increase the outreach of the banking sector, the Reserve Bank
has permitted banks to use the services of specified institutions and
Monthly Review I October 2012
09
individuals as intermediaries for providing banking services. However,
this scheme is yet to gather full momentum. In fact, the appointment of
well-chosen individuals holds out the best promise in this regard. The
emergence of corporate entities as business correspondents has both
positive and negative features. While corporates with large retail
network can bring in larger resources and higher organizational strength,
the local touch which is very much required for the success of the scheme
may be absent. While large corporates or technology service providers
may try to employ local people, it is not clear at this point how successful
they will be. The appointment of one business correspondent to transact
on behalf of several banks can also create conflict of interests and lack of
commitment. However, one critical issue in the effective use of this
model revolves around as to who should bear the additional transaction
costs resulting from the employment of facilitators and correspondents.
This, of course, depends upon the level of use. When large transactions
such as those involved in NREGA are entrusted to the banks with
compensation, the scheme can take off easily. There has to be some
flexibility with respect to the charging of transaction costs. In the
interests of overall expansion of financial inclusion, while all efforts
must be made to minimize the costs, we cannot overlook the fact that
there are legitimate transactions costs which the system must be willing
to bear. Beating them down even through competitive bidding may turn
out to be counter-productive. If necessary, government must become
part of the burden sharing arrangement.
The current international financial crisis has important lessons for the
management of the financial system in general and for the banking
system in particular. Regulation has emerged as a major factor in
maintaining the solvency of individual financial institutions and
preventing systemic risk. What stands out glaringly in the current crisis
is the regulatory failure in the developed world. The failure was two-
fold. First, some parts of the financial system were either regulated
loosely or not at all, leading to 'regulatory arbitrage' with funds moving
more towards the unregulated segments. Examples of 'soft-touch'
Regulation and Innovation
State Bank of India
10
regulation are investment banks, hedge funds and rating agencies.
Second, there was an imperfect understanding of the implications of
various derivative products. In addition, regulators failed to recognise
the limits of financial markets.
It is ironic that such a regulatory failure should have occurred at a time
when intense discussions were being held in Basel and elsewhere to put
in place a sound regulatory framework. There is a degree of consensus on
how the regulatory framework should be reshaped.
Apart from protecting individual financial institutions, there is a greater
focus on limiting systemic risk, which is defined as widespread
disruption to the provision of financial services. In view of this, efforts
are on to identify macro-prudential indicators - which include aggregate
indicators of imbalances, indicators of market conditions, and matrix of
concentration of risks in the system - and the appropriate tools aimed at
containing systemic risk. The macro-prudential instruments that are
used commonly fall into three categories: (a) tools to address threats
from excessive credit expansion in the system, (b) tools to address key
amplification mechanisms of systemic risk, and (c) tools to mitigate
structural vulnerabilities and limit spillovers from stress.
As I mentioned earlier, the development of the financial system is
considered crucial to sustaining high economic growth. However, in the
wake of the current international financial crisis some questions have
been raised whether the unfettered development of the financial markets
and products is good for the economy. It has been argued that not all
financial innovations are welfare maximising. Thus the recent financial
crisis has forced us to reevaluate the size, role and rate of growth of the
financial sector.
Banking development has taken big strides in the last two decades. The
basic motivation for inducting new financial products is to improve
customer satisfaction. A question that is being asked increasingly is
whether the financial sector today is inherently more volatile and
vulnerable than before. The very factors that have contributed to the
growth of the financial sector may well have contributed to increase
Monthly Review I October 2012
11
fragility. Close interdependence among markets and market participants
have increased the potential for adverse events to spread quickly. They
have increased significantly the scope for and speed of contagion. Some
question whether the new financial products serve any socially useful
purpose. The Stiglitz Commission said, “Much of the recent innovation
in the financial system has sought to increase the short-run profitability
of the financial sector rather than to increase the ability of financial
markets to better perform their essential functions of managing risks and
allocating capital. In addition, innovation has engendered financial
instability. Indeed from the point of view of the economy as a whole,
some innovations had a clearly negative impact”. It would be
inappropriate to classify all or even most of the financial innovations
introduced in the last few decades as socially unproductive. Many of the
financial products satisfy a felt need. We are living in a world of
uncertainty. Customers need to protect themselves from the volatility in
exchange rates and interest rates. Appropriate hedging mechanisms are
therefore needed. It is the function of an efficiently organized financial
system to provide these instruments. It is wrong to argue that the
economic growth seen by the industrially advanced countries in the
recent period particularly in the last decade and a half has not been
helped by the improvements in the financial markets. But excesses in
any field have their own dangers. There is no argument that the
regulatory regime needs to be restructured to make the banking system
more sound. Excessive risk taking and leveraging by banks need to be
discouraged by appropriate regulatory measures or controls. Of course,
there is the larger question whether the financial sector is growing at a
rate highly disproportionate to the growth of the real sector. On this
again, there is no consensus. Financial assets as a proportion of GDP
vary widely across countries. Some argue that an important determinant
of demand for financial services is the nature of the firms engaged in real
economic activities. In particular, when firms with low levels of cash
have high investment opportunities, they are unable to use current
earnings to finance their new ideas. This naturally leads to growth in the
financial sector, to enable the transformation of these idea-rich, cash-
poor firms into engines of economic growth. Conversely, when firms
State Bank of India
12
1
with high levels of cash are the main source of investment opportunities,
we should expect low growth in the financial sector, since ideas and cash
reside in the same entities. In developing economies like India the
structure of the economy is undergoing rapid change. The financial
system must be able to meet the diversified needs of a growing economy.
In this context, we must actually encourage financial innovations. For
example, in the Indian context, I would like to cite two instances. First,
there is the need to encourage the emergence of a vibrant corporate debt
market. Efficient debt market will help not only large industries but also
small and medium enterprises. A number of suggestions have been made
to create an efficient debt market in our country. Apart from other things,
we will also need institutions which will serve as market makers offering
two way quotes. This will provide the required liquidity to the market and
make it attractive to the investors. Second, there is the need to explore
innovative ways of financing infrastructure. Banks at present have certain
limitations. They have to take care of the mismatch in liability and asset
management. Of course, a vibrant debt market will also help investors'
need for long term funding. 'Take out financing' has been suggested as one
way by which the tenure of loan can be increased. Thus the scope for
financial innovation continues to remain wide in India. We need to draw
appropriate lessons from the current international financial crisis. Too little
regulation may encourage financial instability but too much of it can
impede financial innovations which are badly needed.
Regulatory oversight of innovations is necessary. But the regulatory
perspective on innovation must not become too restrictive. In short, the
policy makers must strike an appropriate balance between the need for
financial innovations to sustain growth and the need for regulation to
ensure stability. Financial innovations and regulations must go hand-in-
hand in order to ensure growth with stability in real and financial sectors.
In many ways, the coming decade will be crucial for India. If India grows
at 8-9 per cent per annum, it is estimated that her per capita GDP will
increase from the current level of US$ 1,600 to US$ 8,000–10,000 by
2025. Then, India will transit from being a low income to a middle
Conclusion
Monthly Review I October 2012
13
income country. For this to happen, the Indian banking sector must
develop so as to meet the needs of this diversifying economy, and assist
the transition. A competitive environment is essential to make the
banking system cost-efficient. Adequate availability of services to
customers, both as depositors and borrowers, must remain the driving
force. Obviously, regulation is important to steer the banking system
towards prudence and stability, but within this regulatory umbrella we
must nurture a competitive banking system that will deliver efficient
services at minimal cost.
State Bank of India
14
Backdrop
India has adopted a new economic paradigm involving integration with
the world economy in a market-friendly and consistent manner,
beginning with rebalancing of the state - market mix in 1991. This was
because of the realization that the relatively inward-looking growth
model adopted since independence in 1947 had become inappropriate to
deal with globalization and associated technical changes. The proximate
cause of the adoption was however the severe macro - economic crisis,
particularly in the balance of payments.
The 1991 crisis was, however, turned into an opportunity for
restructuring, deregulating and liberalizing the economy. At around the
same time India initiated a 'Look East Policy (LEP)' to revitalize the
civilizational and economic links with the rest of Asia, particularly with
ASEAN, China, Japan and South Korea. During this period India also
strengthened its relations with Russia, and has been taking steps to
deepen its engagement with the Middle East, Africa, and Latin America.
The period since India adopted the new economic paradigm and the LEP
has witnessed substantial transformation of its global relations,
including with the rest of Asia. This was driven by the recognition of
India's increasing capacities to address its developmental challenges,
and the potential to play a larger role in the global economy, which would
provide substantial commercial opportunities. Creditably, India has been
able to sustain high levels of growth without any crisis. In fact, one can
Shri Pratip Chaudhuri2
Chairman, State Bank of India
2 This article has also been published in FICCI's. Financial Foresight (Q2 FY12-13)
Volume 3, Issue 2,
Monthly Review I October 2012
15
confidently say that India has no parallel in managing relatively peaceful
and democratic transfer of political and economic power among
different social classes.
Asia's rapid growth implies that by 2050 it could converge with average
global living standards. Asia would no longer be a "poor" region, but an
average region, in income terms, with a range of advanced and middle
income economies.
Asia accounts around 60% of the world population, 30% of the world
area and 30% of the world GDP (in PPP terms) as of 2011. Asia
registered an annual GDP growth of 5.8% in 2011 and is projected to
grow at 5.4% in 2012 and 5.8% in 2013, which is impressive considering
growth in the world economy was 3.8% in 2011 and projected to grow at
3.3% in 2012 and 3.6% in 2013.
Asia in 2050
2011 2012 P 2013 P
Asia 5.8 5.4 5.8
World GDP 3.8 3.3 3.6
Industrial Asia 1.3 2.3 2.3
Australia 2.1 3.3 3.0
Japan -0.8 2.2 1.2
New Zealand 1.3 2.2 3.1
East Asia 8.2 7.3 8.0
China 9.2 7.8 8.2
Hong Kong 5.0 1.8 3.5
Korea 3.6 2.7 3.6
Taiwan 4.0 1.3 3.9
South Asia 7.1 6.8 7.2
Bangladesh 6.5 6.1 6.1
India 6.8 4.9 6.0
Shri Lanka 8.3 6.7 6.7
ASEAN 4.5 5.4 5.8
Source : IMF WEO Oct 2012; P; Projection
Asia and Global Growth (%)
In this scenario, Asia's GDP would increase from around $18 trillion in
2011 to $148 trillion in 2050, or half of global GDP. With a per capita
State Bank of India
16
India as a major growth driver in Asia's growth
Asia's rise will be led by China, India, Indonesia, Japan, Republic of
Korea, Malaysia and Thailand. In 2011 these seven economies had a
combined total population of 3.1 billion (78% of Asia) and a GDP of
$14.2 trillion (87% of Asia). By 2050 their share in Asia's population is
expected to fall to 73%, while their share in GDP would rise to 90%.
These seven economies alone will account for 45% of global GDP. Their
average per capita income of $45,800 (PPP) would be 25% higher than
the global average of $36,600.
In a report by PwC, China will overtake the US to become the world's
largest economy by 2020, which in turn will be overtaken by India in
2050, due to its demographic dividend, robust growth rate and better
investment climate.
Linkages through Merchandise Trade
The volume of world merchandise trade rose 5.0% in 2011, accompanied
by global GDP growth of 3.8%. This marked a significant slowdown
India's Trade Linkages with Asia
GDP of $38,600 (PPP), Asia in 2050 would have incomes similar to
Europe today.
2010 2020 2030 2040 2050
Global output 62 90 132 195 292
(market exchange rates, US $ trillions)
Asian share of global output 27.40% 33.50% 38.90% 44.50% 50.60%
Global growth -- 4.00% 3.90% 3.80% 3.60%(prior decade ending in column year)
Asia growth -- 5.80% 5.20% 4.80% 4.40%
Asian share of global growth -- 55.70% 59.30% 62.80% 66.00%
capita (PPP, in $) 10,700 14,300 19,400 26,600 36,600Global GDP per
6,600 10,600 16,500 25,400 38,600Asian GDP per capita (PPP, in $)
Source : Asian Development Bank
Asia in 2050
Monthly Review I October 2012
17
from 2010, when trade advanced 13.8% and output expanded by 5.3%.
The share of Asia's exports and imports in the world's total exports and
imports in terms of volume stood at 31%.
India had the fastest export growth among major traders in 2011, with
shipments rising 16.1%, followed by China at 9.3%. The share of India
and China's exports in global exports are 1.2% and 10.7% respectively.
Reflecting their large trade linkages with Asia, China's share in Asia's
exports was as high as 34.3% in 2011, while India's share was 5.4%.
Merchandise Trade by Region (Annual chg in volume)
Exports Imports
2009 2010 2011 2009 2010 2011
World -12.0 13.8 5.0 -12.9 13.7 4.9
Asia -11.4 22.7 6.6 -7.7 18.2 6.4
China -10.5 28.4 9.3 2.9 22.1 9.7
Japan -24.9 27.5 -0.5 -12.2 10.1 1.9
Source : WTO
India -6.0 22.0 16.1 3.6 22.7 6.6
Linkages through Commercial Services Trade
In tandem with a sharply expanding services sector, global commercial
services exports grew by 11% in 2011 to US$ 4.1 trillion.
In case of Asia, commercial services exports grew by 12% to $ 1.1
trillion. The share of Asia in total commercial services exports stood at
26.4%, showing that a quarter of commercial services exports are
accounted for by Asia.
State Bank of India
18
The growth in commercial services exports in Asia (11% in 2011), was
mainly driven by India, where commercial services exports grew by
20%. India contributes 13% of Asia's commercial services exports, next
only to China (17%). With consistent 8.0% plus growth in India's
services, it is estimated that India will surpass China by 2020.
Commercial Services Trade by Region (Annual % chg)
Exports Imports
2009 2010 2011 2009 2010 2011
World -11.0 10.0 11.0 -11.0 10.0 10.0
Asia -11.0 23.0 12.0 -10.0 21.0 14.0
China -12.0 32.0 7.0 0.0 22.0 23.0
Japan -14.0 10.0 3.0 -12.0 6.0 6.0
Source : WTO
India -13.0 33.0 20.0 -9.0 45.0 12.0
Trade in Good and Services (value in $ b n, 2011)
Merchandise Commercial
Trade Services
Exports Imports Exports Imports
World 17,779 18,000 4,150 3,865
Asia 5,534 5,568 1,096 1,091
China 1,899 1,743 182 236
Japan 823 854 143 165
Singapore 410 366 125 110
Source : WTO
India 297 451 148 130
India's Trade with Asian Trade Blocks
India established a "Look East Policy" in the early 1990s following its
adoption of economic reforms and the end of the Cold War, but this
policy gained steam only in last decade. India's role in East Asia, NE Asia
and South Asia is becoming more pronounced as it strengthens relations
and trade links with China, seeks closer economic and political ties with
South Asian nations, and places special emphasis on building strategic
ties with Japan.
Monthly Review I October 2012
19
India Trade with Asia (in $ bn)
2000 - 01 2009 - 10 2010 - 11
Exports Imports
2.9 4.1 18.1 25.8 25.6 30.6ASIAN (6.5%) (8.2%) (10.1%) (8.9%) (10.2%) (8.2%)
East 0.5 1.1 1.7 13.0 1.9 11.6Asia (1.1%) (2.3%) (0.9%) (4.5%) (0.8%) (3.1%)
NE 6.3 5.6 28.9 53.5 37.2 76.1Asia (14.1%) (11.1%) (16.2%) (18.5%) (14.8%) (20.6%)
South 1.9 0.5 8.4 1.6 11.7 2.1Asia (4.4%) (0.9%) (4.7%) (0.5%) (4.6%) (0.6%)
44.6 50.5 178.7 288.3 251.1 369.7India (100%) (100%) (100%) (100%) (100%) (100%)
Source: Department of Commerce;Figures in parentheses represent share in exports and imports
Exports Imports Exports Imports
In the last decade, India trade (exports + imports) with East Asian
countries rose eight-fold (from $1.6 bn in FY'01 to $13.5 bn in FY'11)
although imports grew faster than exports.
India's trade ties with North-East Asia are the most important and robust.
With trade of merely $ 11.9 bn in FY'01 it increased to $ 113.3 bn, almost
ten times. India's trade with the ASEAN countries increased from $ 7.0
bn in FY'01 to $55.6 bn in FY'11, an 8 fold increase.
India's Financial Linkages with Asia
Linkages through Banking: As of end-Mar'12, there are 41 foreign
banks from 24 countries operating in India. These banks had 323
branches in FY'12, against 309 branches in FY'11 and 302 branches in
FY'11. Most of the foreign bank branches in India are those of Asian
Banks, which had a share of 30.6% in 2011-12.
Indian bank branches operating in Asia were 89 in FY'12, out of total 165
branches operating world-wide, forming 53.9% of the total global
operations.
State Bank of India
20
Foreign Banks' Operations in India and OverseasOperations of Indian
Foreign Banks' BranchesOperating in India Operating Abroad
2009 - 10 2010 - 11 2011 - 12 2009 - 10 2010 - 11 2011 - 12
85 88 99 76 81 89ASIA
Honk Kong 50 50 50 17 18 18
Singapore 10 12 12 15 16 17
Europe 67 69 69 6 6 6
UK 101 103 106 25 28 30
US 49 49 49 7 8 8
Others 0 0 0 31 32 32
Total 302 309 323 147 155 165
Asia's Share 28.1% 28.5% 30.6% 51.7% 52.2% 53.9%
Source: RBI's Report on Trends and Progress 2011 - 12
Foreign Banks' Branches
In recent years, it has been seen that the demand for bonds issued by
Indian banks seems to be coming from Asian countries. For example,
Asian investors lapped up more than 75% of Union Bank's bonds, SBI
placed over 45% of its bond issuance with Asian investors, while ICICI
Bank placed 46%. All the recent transactions saw major investments
from Asia followed by US-based investors. Close to half the investment
in the last few issuances now come from within Asia.
Linkages through Capital Flows: Capital flows have also fueled
globalization around the world, which is facilitated by liberalization of
the capital account in the emerging economies. Capital inflows are aided
by both “push” and “pull” factors. The push factors have included low
interest rates globally, slow growth and lack of investment opportunities,
and deregulation that has allowed greater global risk diversification in
industrial countries. The pull factors have included robust economic
performance and improved investment climate in emerging Asian
economies, resulting from a series of trade, financial sector and legal
reforms and other economic liberalization measures.
Capital flows to Asia have rebounded so far in 2012, following the sharp
retrenchment in portfolio equity flows late last year. From August 2011
onwards, global risk aversion spiked in response to escalating turmoil in
Monthly Review I October 2012
21
the euro area, and investors fled to safe havens globally. In Emerging
Asia, this caused a large withdrawal of foreign equity investments,
plunges in regional stock markets, sharp currency depreciations, and a
shortage of U.S. dollar funding. Stresses in local banking systems also
emerged, with credit default swap spreads on some banks in Australia,
China, Hong Kong and Japan increasing to record or near-record highs.
India is one of the highest portfolio-investment receiving countries in
Asia and obtained FII inflows of $18.8 bn in 2012 so far (till 21st
Sep'12); other Asian peers include Indonesia ($1 bn), Philippines ($2.18
bn), South Korea ($12.81 bn), Taiwan ($1.54 bn), Thailand ($2.15 bn),
and Viet Nam ($18 mn). Incidentally, according to World Bank data,
India is the top recipient of remittances in the world; in 2011, India
received $64 bn as remittances followed by China ($63 bn), Mexico ($24
bn), and the Philippines ($23 bn).
The challenge that India and Asian economies face over the medium
term is to ensure that more of capital flows come in the form of FDI and
goes into sectors such as infrastructure and manufacture. It must also go
into other sectors like agriculture, healthcare, education, etc. that are
important for building sustainable growth that India and other Asian
economies are targeting over the medium term.
� Technological change and productivity: Asian technology has
reached or is close to the global cutting edge in many areas of
electronics, computers, information technology services,
communications, pharmaceuticals and biotech and promises
technology's spread to other Asian countries. After all, the closer to
the source of the innovation, the faster its adoption.
� Demographics and labor force: In the last two decades, the world
has benefitted from a demographic dividend. The number of people
aged 20-64,traditionally taken as the labor force, has been growing.
In fact, about 560 million people were added to the global labor force
in the 1990s, and almost 640 million more people between 2000 and
2010. That dividend is now slowing, and will lose steam by 2035.
Future of Asia's Growth
State Bank of India
22
Asia's labor force has been growing at 2.0% a year over the last two
decades. In the next two, that will be halved to 0.9% a year. In the two
following decades (2031- 2050), growth of Asian labor force will
likely become flat.
However, the demographics of Asia's giants, China and India are very
different. China's labor force is still growing, albeit more slowly than
before, and will also probably peak around 2020. India, by contrast,
still has a young population, and its labor force will continue to grow
before reaching nearly one billion workers by 2050. India will then
have 25% more workers than China. So, the demographic dividend of
India will induce higher economic growth than China in the coming
years.
�Capital deepening: Notwithstanding the huge investment rates of
countries like China and India in recent years, most of the world's
capital stock, about 70%, is in advanced economies. Small European
economies, like Switzerland, Norway, Denmark and Finland, have
the highest capital stock per worker in the world. Japan also has a
capital stock per worker above the developed country average. Asia's
challenge will be to augment its capital stock and at the same time,
step up its productivity.
�Climate change: Climate change is arguably the single most
important issue which has long-term implications. It could affect
each and every human being on our planet, irrespective of his or her
country, income, or race. With over half of the world's population
residing in Asia and the Pacific, Asians have more at stake in the well-
being of the planet than any other people.
�From growth to social well-being: So far, Asian policy makers have
emphasized social stability as the foundation of economic growth.
Many have thought of social stability and economic growth as a
virtuous cycle. One underpins the other. That has certainly been
Asia's historical experience, but it may need reconsideration as Asian
societies become more affluent in future and inequalities become
wider.
Monthly Review I October 2012
23
Conclusion
References
Asia's growth and larger footprint in the global economy will bring new
challenges, responsibilities and opportunities. The region will need to
take greater ownership of the global good, including an open trading
system, stable financial system, climate change, and peace and security.
It will need to play a bigger role in global rule-making and be an active
participant in the constructive formulation of the rules. While framing its
domestic and regional policy agenda, the region as a whole, but also the
larger economies like China, India, Indonesia, Japan and Korea, will
need to take into account the wider regional and global implications.
How the region manages its rapidly rising role in global governance in a
non-assertive and constructive way and emerges as a responsible global
leader, will be closely watched by the rest of the world.
1. Asian Development Bank (2011), 'Asia 2050: Realizing the Asian
Century', ADB Report 2011.
2. Asian Development Bank (2012), 'Asian Development Outlook
2012', ADB Report April and July update 2012.
3. Dr. Y V. Reddy (2006), 'Asian perspective on growth - outlook for
India', lecture at G-30 International Banking Seminar Monetary Authority
of Singapore, Singapore, on 18 September 2006.
4. International Monetary Fund (2012), 'Regional Economic Outlook: Asia
and Pacific Managing Spillovers and Advancing Economic Rebalancing'
IMF, April 2012.
5. Mukul G A (2007), 'India's Rising Role in Asia', Lecture delivered at the
89th Annual Conference of the Indian Economic Association.
6. World Trade Organisation (2012), World Trade Report: Trade and
public policies - A closer look at non-tariff measures in the 21st
century' WTO 2012.
State Bank of India
24
Reforms in the Indian Banks have been long drawn with continuous
improvements to accomplish International standard for Indian Banks to
be globally acceptable. The recent development in this regard is
implementation of Basel I norms followed by Basel II norms, which has
to be further improvised by implementing guidelines of Basel III norms.
The main financial risks faced by banks are namely Credit risk, Market
Risk and Operational risk. Since the Credit risks are fully quantifiable,
the Loss Function was devised to facilitate the quantitative analysis of
the Credit Risks.
Where the net losses suffered by a bank were arrived at by taking the
difference between the Gross NPAs and the Net NPAs. The different
explanatory variables of the above Loss Function are: where, L denotes i
net Losses which is aggregate losses suffered by the banks as a result of
various types of risks which are represented by explanatory variables
enclosed in parenthesis on right hand side of the equation, A denote the i
asset-base of the banks, M denote the total volume of bank credit, r i i
denote the interest rate, C denote capital adequacy ratio of the banks, Si i denote the credit spread of the banks, Pi denote the composite risk index
of the banks, u denote the random error term and ƒ denotes the functional i
form. The variable Pi in the above equation denotes the composite risk
index based on major risks faced by the banks, identified as credit risk,
market risk and operational risk.In order to enable meaningful
L Mi i A Ai i
= f ; r ; c ; s ; p : u i i i i i
Basel IINorms and Indian
Banking Sector :Future Prospects
Monthly Review I October 2012
25
comparisons across different banks, the study divides the Net Loss and
the Volume of Credit of each bank by its own Asset Base. The database
included the abovementioned financial details of the banks in three
different sectors, namely, 27 PSBs, 20 Private Banks and 18 Foreign
Banks operating in India are included for the purpose ( having net worth
above 500 Crores) for financial years 2006-07 and 2009-10 on which
regression on Panel data was conducted.
The banks in all three sectors under regression have indicated the
following inferences:-
�The rate of interest emerged as the most significant of the variables
exerting a negative impact on the net losses of the banks for obvious
reasons, since a higher rate of interest on a bank's lendings reduces its
margin of net loss.
� Second in the line of significance emerged the Capital Adequacy
Ratio on its impact on the net losses.
� To a certain extent the variable of the credit spread of a bank also
reduced its net losses.
In view of the quasi-regulatory monetary framework pursued by the
Indian banking sector each bank has little ability to manouvre the
abovementioned variables and hence in order to minimize its Credit
Risksa bank has to resort to some alternative model of finding its optimal
capital adequacy requirements .
The main policy suggestions include various measures to minimize
and/or overcome the main financial risks mentioned above which are
faced by a bank.
� The suggestion to implement of a Model of Optimal Capital
Adequacy Requirements which was propounded by Wall and Peterson
(1987, 1995) for those banks which maintain their capital requirements
equal or above the minimum specified by the Financial Regulator. This
model operates at a micro level for each individual bank and it has been
successfully implemented by the Spanish Savings Banks so far. This
As regards the Credit Risk:
State Bank of India
26
model illustrated that Optimal Market Capital Ratio is directly related to
costs of deposits, variability of capital ratio and variance of error term;
whereas it is inversely related to risk free rate. This reflects that a high
level of banking demand for capital will be associated with high costs of
deposits and a high variability of capital ratio. For a given level of risk
free interest, the higher the deposit interest is, the lower will be the
liquidity premium depositors will be willing to pay. This would reduce
the incentive for the banks to capture debt. The sign of variability of
capital ratio indicate that the greater dispersion of retained earnings
(main source of capital in savings banks) of the bank is, the greater the
issues for other capital like subordinated debt, hybrid debts capital
instruments in order to avoid a bank in becoming bankrupt.
� Further, this Study has also devised a simple Credit Risk Index based
on the Default Probability of a bank's loans along with its statistical
distribution.
E(R/A) = [(1-D) M/A (1+r) t] – [D (M/A) (1+r) t ] – C1
M denotes the amount of credit which a bank is supposed to extend to
any borrowing entity at the rate of interest: r, for the time-horizon: t. If D
denotes the probability of that entity committing a default in its
repayment of the extended credit amount within the stipulated period.
The probability D can be arrived at by the past credit history and
financial soundness of the particular borrower and/or through market
intelligence. Then, (1-D) will denote the probability that the same
borrower meets the stipulated schedule. In order to work out the
expected return of the bank per unit of its asset we consider the quantity:
M/A and the corresponding returns to the bank: R/A. t denotes the time 1
duration of default. Usually, t is lesser than t. In case if t =t then the loss 1 1
suffered by the bank in terms of its returns is maximum, where C denotes
the total cost of estimating the default probability through the following
process and r denotes the PLR plus margin charged by a bank on loans.
In order to minimize the default probability we differentiate with respect
to X … X and equate the first partials to zero as under:1 n
Monthly Review I October 2012
27
The solution to above eqn. provides a vector of values for X … X which 1 n
minimize the default probability D.
�It is also suggested that the main Credit Rating Agencies operating in
India be brought under the purview of an institutional mechanism along
the lines of the Nationally Recognized Statistical Rating Organization
(NRSRO) operating in the US, in order to eliminate any possibility of
biases creeping in the Credit Rating Process and that these agencies must
be under the payroll of the banks rather than the individual borrowers.
� It strongly advocates mandatory disclosures of the actual Value-at-
Risk (VaR) figures by all the Indian banks to provide a correct insight to
all the stakeholders. The above recommendation on basis of finding of
(Jason Ball & Victor Fang), where they used publicly disclosed VaR of
the banks have concluded three important results. Firstly publicly
disclosed VaR helps the banks in capturing relationship between the
market risk of trading portfolio and its impact on following period's beta.
Further, VaR explained and established a positive relationship between
both the returns to shareholders and to bondholders in the following
period.
�This Study suggests a Penalty-cum-Incentive Approach to be
implemented in the Indian banks since such an approach was suggested
during the early 1990s by the then outgoing Chairman of the Indian
Banks Association to act as a safeguard against the acts of commissions
and omissions on the part of the officials of the banks. This approach has
to be undertaken after having agreement between trade union, Indian
Banking Association and RBI officials.
As regards the Market Risks:
As regards the Operational Risks:
axn1 = 0
e
1 + e
ax11 = 0
e
1 + e
X
X
X
X
State Bank of India
28
Basel III on Indian Banking Sector:
It is observed in the light of the recently advocated new Basel-III Norms,
wherein a stricter approach increases the capital adequacy requirements
by further including a mandatory capital conservation buffer of 2.5% and
a discretionary counter-cyclical buffer of 2.5% of the capital to be
maintained during the periods of high credit growth to be utilized during
the periods of economic downswings.
Based on Basel III frameworks, even RBI has released guidelines for
Indian Banks on 2 May, 2012 Implementation of these guidelines will
begin from January 1, 2013 and the process will be completed by March
31, 2018.
� Banks required to maintain a minimum 5.5% in common equity (as
against the current 3.6%) by March 31, 2015
� Banks to create a capital conservation buffer (consisting of common
equity) of 2.5% by March 31, 2018
� Banks to maintain a minimum overall capital adequacy of 11.5%
(against the current 9%) by March 31, 2018
� Conditions stipulated to increase the loss absorption capacity of
banks' Additional Tier I; Banks not to issue additional Tier I capital to
retail investors
� Risk-based capital ratios to be supplemented with a leverage ratio of
4.5% during parallel run
� Banks allowed to add interim profits (subject to conditions) for
computation of core capital adequacy
� Banks to deduct the entire amount of unamortised pension and
gratuity liability from common equity Tier I capital for the purpose of
capital adequacy ratios from January 1, 2013.
Highlights
Monthly Review I October 2012
29
Impact on Indian Banks:
Table 1: Additional Common Equity Requirements of Indian
Banksunder Basel III
RBI estimates that Indian Banks would need an additional capital
requirement of Rs.5 trillion, of which non-equity capital will be of the
order of Rs 3.25 trillion while equity capital will be of the order of Rs
1.75 trillion (table 1).
(In billion)
A. Additional Equity
B. Additional Equity Capital Requirement under Basel II 650 - 700 20-25 670 - 725
C. Net Equity Capital Requirement under Basel III (A-B) 750 - 800 180 - 225 930 - 1025
D. Of Additional Equity Capital Requirement under Basel III-- -- --
for public - Sector Banks (A)
Government Share 880 - 910 -- --(if present shareholding pattern is maintained)
Government Share 660 - 690 -- --(if shareholding pattern is brought down to 51 per cent)
PrivatePublic Sector TotalSector Banks
Banks
Capital Requirement under Basel III 1400 - 1500 200 - 250 1600 - 1750
Basel III requires higher and better quality capital, which will eventually
increase the cost of equity capital for Indian Banks. Further, there is
likely hood that the loss absorbency requirements on the non-equity
regulatory capital will increase its cost.
Of late, several leading economists and financial reports have expressed
their learned opinion vis-à-vis such high capital requirements which
increase the costs and erode the profitability of the banks and may
eventually threaten the very existence of the smaller banks in India. It
has been observed that the newly proposed Basel-III Norms are even
stricter than the BIS Norms. It has also been reported that in order to
maintain the capital requirements along the lines of those suggested
Contextual relevance of the above suggestions to Indian Banking
Sector:
State Bank of India
30
under the Basel-III Norms, the Govt of India will be required to pump in
a huge sum of over Rs.2.7 lakh crores in the Indian PSBs. Surely, in the
background of severely strained fiscal resources and huge deficits such
an act will not be financially prudent.
It is observed that till date most of Indian Banks already maintain CAR
higher than statutory requirement. In this context the suggestion given
by this study may perhaps serve greater purpose in enabling the Banks to
maintain Optimum Capital requirement without endangering their
profitability. Under this scenario perhaps the measures suggested by this
study may become more relevant in the present context.
Monthly Review I October 2012
31
In the days of manual banking and non-speed clearing, COS 72 was the
most regular communication sent to customers. The COS 72 was a
printed form designed for precise and terse communication to the
customer about debits or credits to his account. The printed line would
begin: “I beg to advise having credited/debited your account ……….”
followed by four or five blank lines for handwritten messages to
customers. Fully understanding the design behind COS 72 about the
need to be as terse as possible in their communication with customers, the
staff often used to fill in the blank lines with messages reading “your SC
125 paid” or “OD interest recovered on DDP 82/234 returned unpaid”.
Customers with heavy transactions had no option but to visit their branch
with the COS 72 advices for understanding these messages.
Apart from why send messages that customers have to visit branches to
understand, the question that would come to a newly joined
officer/employee of the Bank (before he became conditioned by the
sheer familiarity of seeing the advices), was always the unintended
obsequiousness of the words “ I beg to advise”. A printed form designed
for maximum economy of words should avoid ' beg to' also. It is said that
beg to is an archaic way of conveying politeness. Many customers may
have found irony in the Bank's intent to be polite as COS 72 advices were
often illegibly handwritten and confusing if the customer could decipher
what was handwritten after the printed lines I beg to advise…
State Bank of India
32
COS 72 was perhaps not meant to impress Bank's customers by being
neat or distinctive. Unfortunately the same printed cum handwritten
form of advice went to every customer irrespective of the value of his
relationship. As the forms were ubiquitous in every seat, COS 72 also
became most routinely used for almost any type of communication with
the customer.
Customers do not expect literary flourishes in the communication they
receive from the Bank. Still presentation, legibility and orderliness are
important and these qualities in communication definitely enhance the
Bank's image among its customers. The incomprehensibility of
handwritten entries in passbooks and statements of account used to be a
frequent reason for customer complaints. Many entries would have no
details other than the word 'To' against each debit and 'By' against each
credit and the only way customer could reconcile the entries was by
reconciling the amounts in the debit and credit columns with the
counterfoils that he may have diligently kept.
With transactions computerized and passbooks computer printed and
customers increasingly relying on the Internet to access their accounts,
customers no longer complain about incomprehensible communication
from their branches in this area. But the casual approach to written
communication continues to create problems in areas like loan
documentation. It would be rare to see an arrangement letter with
complete details of the borrower and guarantors written and with the
interest rate, repayment terms and particulars of security legibly and
correctly entered. The borrowers do not complain more because of the
trust they repose in the Bank not shortchanging them on interest rate or
charges.
Still many officers have come to grief when loan accounts have become
non-performing and their casual use of language in compiling opinion
reports or in describing the collateral security is not seen as casual but
deliberate attempt to mislead. The credit worthiness of the borrower or
the suitability of the property or the availability of stocks is often
Monthly Review I October 2012
33
commented upon with a single word 'Satisfactory'. What is sought to be
conveyed by the Officer when he wrote 'satisfactory' is never made clear.
'Satisfactory' acquires ominous overtones for the Officer when the
account becomes non-performing and external investigating agencies
find the collateral or stocks overvalued or missing.
The purpose of communication is to inform, interpret or instruct. There
is reluctance among staff to invest the time and effort necessary for
purposeful communication and to avoid words that have ceased to
convey intent because of mindless repetition. The most accessible
internal communication for the staff is the e-Circulars. Once instructions
are uploaded as e-Circular it is presumed to be accessible to every staff
member of the Bank. The e-circulars are however still addressed (in
keeping with protocol) to The Chief General Manager of the Circles and
ends with “Please bring this to the attention of all concerned at your
Administrative units and Branches.” There are Circles who then upload
the contents of the Corporate Centre e-circular as e-circular from the
Circle and there are Circles who do not. The Circles who re-issue the
instructions end them with the line” Please bring this to the attention of
all concerned at your Branch.” This e-reissue is reminiscent of the
multiple cycles of re-issue that a circular underwent earlier in its journey
from Corporate Centre to branches.
Mindless repetition has ensured that no intent gets conveyed by the line
“Please bring this to the attention of all concerned at your Branch.” The
instruction to Circles was necessary when Circulars were manually
dispatched. Today the uploading of the Circular is a notice to all
concerned to read and comply. The Circles and the Controllers can at
best re-iterate the fact of issuance of e-circular when they observe non-
compliance by any concerned branch or official.
Another example where language has ceased to convey intent because of
frivolous repetition is 'meticulous compliance'. The following examples
are taken from e-circulars issued since April 01, 2012:
E-Circulars
State Bank of India
34
Please arrange to issue instructions to operating units for meticulous
compliance with immediate effect and arrange accordingly
Please arrange to advise all concerned under your control to ensure
meticulous compliance of the above instructions of RBI.
All concerned are advised to meticulously follow the above instructions
within the overall ambit of rules framed.
All pension paying branches may be advised accordingly for meticulous
compliance of the revised instructions.
The words “meticulous compliance' appears in nearly 25% of the
Circulars issued by the Bank.
The dictionary definition of meticulous is “showing great attention to
detail; extremely careful and precise” and compliance means to be in
conformity or accordance with regulations and instructions. If there is a
set of 10 instructions to be complied with, branches can confirm
compliance only if all the instructions are complied with irrespective of
the detail required in each compliance. Does the level of compliance
differ when compliance is meticulous? Meticulous is more of an
observed behavioural trait depending on how exacting one's standards
are. A level of compliance may seem meticulous to one Controller and
not so meticulous to another Controller who is fussy about detailed
record-keeping.
One may even say that meticulously drafted instructions in the Bank's
circulars are more necessary than an assertion by Controllers that their
branches have confirmed having 'noted the instructions for meticulous
compliance'.
When discussing strategies for business growth at P Review meetings,
the use of language often helps in camouflaging intent to act. Some of the
strategies recently heard in a P Review meeting are:
Monitoring the performance of negative growth branches by adopting
Language and intent in discussing strategies
Monthly Review I October 2012
35
the mentoring concept, providing required support as early as possible
so that the branches start contributing to Circle business.
Leveraging the synergy with SMEBU so as to bring P segment business
to our books.
Aggressive contacting of potential customers.
SBI Life coverage of all education loan customers to be maximized.
Explore the possibilities for further wallet share from existing Corporate
customers.
Use of word groups like mentoring concept, as early as possible,
aggressive contact, leveraging synergy, maximum coverage and explore
possibilities have come to signify inaction as there are no specific
actionable items that the speaker has to account for if not done before the
next meeting. How would the above sentences read if there is a plan for
specific action?
We shall jointly work on strategies with two negative growth branches in
each RBO so that the branches show positive growth within three
months
We shall identify five units in co-ordination with SMEBU every quarter
and bring their employees under the Bank's corporate Salary Package.
We shall do a market survey of the area of operation of the Branch to
understand who are the non-customers of SBI and why they are so and
shall market our products and services to them.
SBI Life coverage among education loan customers will be increased
from 15% to 20%.
We shall identify the existing businesses of our Corporate customers that
are not with SBI and the reasons therefore and submit a plan and timeline
to get 10% of these businesses within two years.
Use of language to convey vagueness in intent is seen even in
professionally managed well reputed companies. Here is a company
State Bank of India
36
talking about technology:
'Companies need the right technology; the technology that is not reactive
but can translate data to wisdom and help formulate effective business
strategy'. Technology can churn out reams of data but cannot translate
data into wisdom. Translating data into wisdom requires understanding
of context. We still do not have technology that 'understands' the context
behind the data. Every formulated business strategy with or without the
help of technology has to be effective.
And here is a Bank talking about its HR policies:
Unleashing employee potential is one of the key success factors for us.
We achieve this by a standardized, systematic and seamless approach in
managing talent which helps us in identifying and developing the right
high potentials, stretching their skills to build competencies for higher-
level leadership to lead current and emerging business opportunities.
A simple way of stating this highfalutin policy would be:
Opportunities exist for talented employees to demonstrate their skills
and potential; to develop them and to emerge as future leaders of the
Bank.
Obfuscation of simple intent by use of belaboured language is also seen
in the Mission and Vision statements of Banks. The earlier mission
statement of the Bank if anybody remembers ran thus:
'To retain the Bank's position as the premier Indian Financial Services
Group with world class standards and significant global business,
commitment to excellence in customer, employee and shareholder
satisfaction and to play a leading role in the expanding and diversifying
financial services sector while continuing emphasis on its development
banking role'.
The purpose of a Mission statement is to unambiguously state the
purpose of the organization's present existence. It is said that a good
Mission Statements
Monthly Review I October 2012
37
mission statement answers three questions:
What do we do?
For whom are we doing it?
What is the benefit?
Again it is said that the ease of obtaining answers to these questions is in
indirect proportion to the length of the Mission statement. The less the
length the easier it becomes to understand the Mission statement.
Examples given are the mission statements of Google and Amazon:
“to organize the world's information and make it universally accessible
and useful”. (Google)
“to build a place where people can come to find and discover anything
they might want to buy online.” (Amazon)
Maybe because there is nothing unique about providing Banking
service, the mission statements of most Banks look similar as the
following examples of different Banks show:
"to provide superior, proactive banking services to niche markets
globally, while providing cost-effective, responsive services to others in
our role as a development bank, and in so doing, meet the requirements
of our stakeholders".
"To provide the finest banking services by upgrading human capital and
infusing advanced technology, thereby achieving total customer
satisfaction; and being reckoned as the “Best Bank” in the Industry on
all efficiency parameters and to enhance shareholders' wealth by
ensuring sound growth of business and make valuable contributions to
national economic growth"
While the above are Mission statements of Public Sector Banks, that of a
leading Private Sector Banks runs as:
'Our mission is to be "a World Class Indian Bank", benchmarking
ourselves against international standards and best practices in terms of
State Bank of India
38
product offerings, technology, service levels, risk management and audit
& compliance….to build sound customer franchises across distinct
businesses so as to be a preferred provider of banking services for target
retail and wholesale customer segments, and to achieve a healthy growth
in profitability, consistent with the Bank's risk appetite….while ensuring
the highest levels of ethical standards, professional integrity, corporate
governance and regulatory compliance.'
And another leading Private Sector Bank's Mission statement is:
'We will leverage our people, technology, speed and financial capital to:
�be the banker of first choice for our customers by delivering
high quality, world-class products and services.
� expand the frontiers of our business globally.
� play a proactive role in the full realisation of India's potential.
� maintain a healthy financial profile and diversify our earnings
across businesses and geographies.
� maintain high standards of governance and ethics.
� contribute positively to the various countries and markets in
which we operate.
� create value for our stakeholders.'
The mission statements indicate that all Banks – whether Public or
Private – have common purpose which briefly stated are:
� provide excellent customer service
� expand globally
� be active in Development Banking
� maintain high ethical standards
� create value for all stakeholders
As stated earlier, the Mission statements are all look-alikes because no
Monthly Review I October 2012
39
Bank can have products that are distinct from what other banks have. To
pretend that a distinction exists, Banks have to make the language of
mission statements deliberately complicated and lengthy. SBI's new
Mission statement is jargon free but attempts not to miss out on any
customer segment or service. The mission statement could as well have
been –'Be a Banker to every Indian'.
What about internal communication? In hierarchical organisations top
down communication is generally brusque and dictative. Thus as we saw
in the language of e-circulars, mere 'compliance' is not enough; what is
required is 'meticulous' compliance. Even e-circulars are to be brought to
the notice of 'all concerned.' In contrast, when communication flows
from lower to higher level, we have what Steven Pinker in his book ”The
Stuff of Thought” - a masterful study on the use of words and language in
social settings - calls deferential politeness. A letter from a Branch
Manager to his Controller may end with a long winded phrase like 'I shall
be grateful if I am kindly guided on my further course of action in the
matter' when a direct 'Please advise' conveys the same intent. The Branch
Manager (or any other Official similarly placed in hierarchy) adopts a
long-winded, verbose style, as he is apprehensive of the power the
receiver wields over him and so he is particularly careful not to sound
affrontive. The greater the hierarchical status or power of the person
receiving the communication and his distance from the communicator,
the more deferential the tone of communication becomes.
Nowhere is the status of the receiver in the hierarchy made emphatically
clear than in the use of words 'Please speak/ Please refer' in internal notes or
memos. 'Please speak' is a remnant from bureaucratic communication
styles. The communication tools available today have overcome barriers of
time and distance and the clarificatory response to Please speak, if
necessary can be obtained in an instant. If 'Please speak' still continues to
appear in internal memos, maybe the barriers are hierarchical. Often, the
person who has put up the note and who is therefore the person required to
'Please speak' is not even addressed by his name but only by his
Barriers in Internal communication
State Bank of India
40
designation. There is a world of difference in the impact of
communication if a person even if lower in status or hierarchy, is
addressed by his name than if he is addressed by his job designation.
“The great enemy of clear language is insincerity. When there is a gap
between one's real and one's declared aims, one turns as it were
instinctively to long words and exhausted idioms.” (George Orwell)
One may argue that the words used in communication do not matter if the
intent is clearly conveyed. Communication styles however reflect the
internal culture of an organisation. Badly drafted messages and mindless
repetition of vacuous words also imply a slovenly approach to work and
customer service. The purpose of this article is to draw attention to the
incongruities of some of our communication styles that need to change
with the times but remain deeply entrenched in our system by tradition
and imitation.
In conclusion
Monthly Review I October 2012
41
Shri Ajith R.Manager (Law)Law Department, SBI, CC, Mumbai
Whether payee or holder of cheque can initiate proceeding of
prosecution under Section 138 of Negotiable Instrument Act, 1881
(NI Act) for the second time if he has not initiated any action on
earlier cause of action?
Yes, held by the Supreme Court by overruling its earlier decision in
Sadanandan Bhadran v. Madhavan Sunil Kumar (1998) 6 SCC 514.
In Sadanandan Bhadran's case (supra) the Supreme Court held that
while a second or successive presentation of the cheque is legally
permissible so long as such presentation is within the period of six
months or the validity of the cheque whichever is earlier, the second or
subsequent dishonor of the cheque would not entitle the holder/payee
to issue a statutory notice to the drawer nor would it entitle him to
institute legal proceedings against the drawer in the event he fails to
arrange the payment. The decision gives three distinct reasons why that
should be so.
�The first and the foremost of these reasons is the use of the expression
“cause of action” in Section 142(b) of the NI Act which according to the
Court has been used in a restrictive sense and must therefore be
understood to mean that cause of action under Section 142(b) can
arise but once.
MSR Leathers vs S. Palaniappan & Anr. (Judgment dated 26-09-2012 in Crl. Appeal Nos. 261 – 264 of 2002by the Supreme Court.)
State Bank of India
42
�
commission of only one offence and that the offence is complete no
sooner the drawer fails to make the payment of the cheque amount
within a period of 15 days of the receipt of the notice served upon him
and the failure of the holder to institute proceedings would tantamount to
“absolution” of the drawer of the offence committed by him.
�The third reason is that successive causes of action will militate
against the provisions of Section 142(b) and make the said provision
otiose.
The Court in Sadanandan Bhadran's case (supra) held that the failure of
the drawer/payee to file a complaint within one month resulted in
forfeiture of the complainant's right to prosecute the drawer/payee
which forfeiture cannot be circumvented by him by presenting the
cheque afresh and inviting a dishonour to be followed by a fresh
notice and a delayed complaint on the basis thereof.
The correctness of the above judgment came to the consideration of a
larger Bench of the Supreme Court in the present appeal. In the present
matter also the cheques were dishonoured for want of sufficient funds
and notices under Section 138 of NI Act were issued. May be because the
respondent assured for arrangement of fund, the cheques were presented
again but the second time also the cheques were dishonoured. Hence the
appellant issued notices under Section 138 of NI Act and filed the
criminal complaints. The respondent challenged the validity of the
complaints which were dismissed by the Magistrate Court. However, on
revision petition by the Respondent, the complaints were quashed by the
High Court relying on the Sadanandan Bhadran's case (supra) and
holding that a complaint based on a second or successive dishonour of
the cheque was not maintainable if no complaint based on an earlier
dishonour, followed by the statutory notice issued on the basis thereof,
had been filed. Hence the present appeal before the Supreme Court.
When the appeal first came up for hearing before a Division Bench of the
Supreme Court, the Bench expressed its reservation about the
correctness of the view taken in Sadanandan Bhadran's case (supra) and
accordingly referred the matter to a larger Bench. The views of the larger
The second reason is that dishonour of a cheque will lead to
Monthly Review I October 2012
43
Bench are as under.
Section 138 of the Negotiable Instruments Act, 1881, constituting
Chapter XVII of the NI Act which was introduced by Act 66 of 1988,
inter alia, provides:
“138. Dishonour of cheque for insufficiency, etc., of funds in the
account. Where any cheque drawn by a person on an account
maintained by him with a banker for payment of any amount of money
to another person from out of that account for the discharge, in whole or
in part, of any debt or other liability, is returned by the bank unpaid,
either because of the amount of money standing to the credit of that
account is insufficient to honour the cheque or that it exceeds the amount
arranged to be paid from that account by an agreement made with that
bank, such person shall be deemed to have committed an offence and
shall, without prejudice to any other provision of this Act, be punished
with imprisonment for a term which may extend to two year, or with fine
which may extend to twice the amount of the cheque, or with both”
Proviso to Section 138, stipulates three distinct conditions precedent,
which must be satisfied before the dishonour of a cheque can constitute
an offence and become punishable.
�The first condition is that the cheque ought to have been presented to
the bank within a period of six months from the date on which it is drawn
or within the period of its validity, whichever is earlier.
�The second condition is that the payee or the holder in due course of
the cheque, as the case may be, ought to make a demand for the payment
of the said amount of money by giving a notice in writing, to the drawer
of the cheque, within thirty days of the receipt of information by him
from the bank regarding the return of the cheque as unpaid.
�The third condition is that the drawer of such a cheque should have
failed to make payment of the said amount of money to the payee or as
the case may be, to the holder in due course of the cheque within fifteen
days of the receipt of the said notice.
It is only upon the satisfaction of all the three conditions mentioned
State Bank of India
44
above and enumerated under the proviso to Section 138 as clauses (a),
(b) and (c) thereof that an offence under Section 138 can be said to have
been committed by the person issuing the cheque.
Section 142 of the NI Act governs taking of cognizance of the offence
and starts with a non-obstante clause. It provides that no court shall take
cognizance of any offence punishable under Section 138 except upon a
complaint, in writing, made by the payee or, as the case may be, by the
holder in due course and such complaint is made within one month of
the date on which the cause of action arises under clause (c) of the
proviso to Section 138. In terms of sub-section (c) to Section 142, no
court inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class is competent to try any offence punishable
under Section 138.
The Court observed that neither Section 138 nor Section 142 or any other
provision contained in the NI Act forbids the holder or payee of the
cheque from presenting the cheque for encashment on any number of
occasions within a period of six months of its issue or within the period
of its validity, whichever is earlier and such presentations will be
perfectly legal and justified.
Further, there is, nothing in the proviso to Section 138 or Section 142 of
the NI Act to oblige the holder/payee of a dishonoured cheque to
necessarily file a complaint even when he has acquired an indefeasible
right to do so. The fact that an offence is complete need not necessarily
lead to launch of prosecution especially when the offence is not a
cognizable one. It follows that the complainant may, even when he has
the immediate right to institute criminal proceedings against the drawer
of the cheque, either at the request of the holder/payee of the cheque or
on his own volition, refrain from instituting the proceedings based on the
cause of action that has accrued to him. Such a decision to defer
prosecution may be impelled by several considerations such as an
assurance of the drawer that given some time the payment covered by
the cheques would be arranged, an attempt to avoid time consuming and
generally expensive legal recourse, a belief that a fresh presentation of
the cheque may result in encashment, other reasons including the trade
Monthly Review I October 2012
45
and business dealings of the parties, intention to give a financial
accommodation, etc. There is nothing in the provisions of the NI Act that
forbids the holder/payee of the cheque to demand by service of a fresh
notice under clause (b) of proviso to Section 138 of the NI Act, the
amount covered by the cheque dishonoured on a second or a successive
presentation.
For the above reasons, the Court disagreed with the decision in
Sadanandan Bhadran's case (supra)which held that successive causes of
action are not within the comprehension of Sections 138 and 142 of the
NI Act. The Court also differed with the reasoning in the earlier
judgment for the following reasons.
The Court observed that the expression 'cause of action' appearing in
Section 142 (b) of the Act cannot be understood to be limited to any
given requirement out of the three requirements that are mandatory for
launching a prosecution on the basis of a dishonoured cheque. Every
time a cheque is presented in the manner and within the time stipulated
under the proviso to Section 138 followed by a notice within the meaning
of clause (b) of proviso to Section 138 and the drawer fails to make the
payment of the amount within the stipulated period of fifteen days after
the date of receipt of such notice, a cause of action accrues to the holder
of the cheque to institute proceedings for prosecution of the drawer. In
view of the Court, there is nothing either in Section 138 or Section 142
to curtail the said right of the payee for the reason than the failure of the
holder of the cheque to institute prosecution against the drawer when the
cause of action to do so had first arisen.
Simply because the prosecution for an offence under Section 138 must
on the language of Section 142 be instituted within one month from the
date of the failure of the drawer to make the payment does not militate
against the accrual of multiple causes of action to the holder of the
cheque upon failure of the drawer to make the payment of the cheque
amount. In the absence of any juristic principle on which such failure to
prosecute on the basis of the first default in payment should result in
forfeiture, it is difficult to conclude that the payee would lose his right
to institute such proceedings on a subsequent default that satisfies all the
State Bank of India
46
three requirements of Section 138.
The holder of a cheque can present it before a bank any number of times
within the period of six months or during the period of its validity,
whichever is earlier. This right of the holder to present the cheque for
encashment carries with it a corresponding obligation on the part of the
drawer to ensure that the cheque drawn by him is honoured by the bank
who stands in the capacity of an agent of the drawer vis-à-vis the holder
of the cheque. If the holder of the cheque has a right, there is no reason
why the corresponding obligation of the drawer should also not continue
every time the cheque is presented for encashment. If the legislative
intent was to restrict prosecution only to cases arising out of the first
dishonour of a cheque nothing prevented it from stipulating so in clause
(a) itself. However, there is nothing to that effect in the NI Act. In the
absence of any such provision a dishonour whether based on a second
or any successive presentation of a cheque for encashment would be a
dishonour within the meaning of Section 138 and clause (a) to proviso
thereof. Hence, there is no doubt that so long as the cheque remains
unpaid it is the continuing obligation of the drawer to make good the
same by either arranging the funds in the account on which the cheque
is drawn or liquidating the liability otherwise. A dishonour of the cheque
can be made a basis for prosecution of the offender but once, but that
doesn't mean that the holder of the cheque do not have the discretion to
choose out of several such defaults, one default, on which to launch such
a prosecution. The omission or the failure of the holder to institute
prosecution does not, therefore, give any immunity to the drawer so long
as the cheque is dishonoured within its validity period and the conditions
precedent for prosecution in terms of the proviso to Section 138 are
satisfied.
Coming to the question whether there is anything in Section 142(b) to
suggest that prosecution based on subsequent or successive dishonour is
impermissible, the Court observed that while a complaint based on a
default and notice to pay must be filed within a period of one month from
the date the cause of action accrues, which implies the date on which the
period of 15 days granted to the drawer to arrange the payment expires,
Monthly Review I October 2012
47
there is nothing in Section 142 to suggest that expiry of any such
limitation would absolve him of his criminal liability should the cheque
continue to get dishonoured by the bank on subsequent presentations.
So long as the cheque is valid and so long as it is dishonoured upon
presentation to the bank, the holder's right to prosecute the drawer for
the default committed by him remains valid and exercisable. By reason
of a fresh presentation of a cheque followed by a fresh notice in terms of
Section 138, proviso (b), the drawer gets an extended period to make the
payment and thereby benefits in terms of further opportunity to pay to
avoid prosecution. Such fresh opportunity cannot help the defaulter on
any juristic principle, to get a complete absolution from prosecution.
The Court also referred to the amendment to the NI Act in 2002 whereby
discretionary powers have been conferred upon the court to take
cognizance of a complaint under section 138 of the NI Act even after
expiry of the period of limitation of one month. This permits the payee to
institute prosecution proceedings against a defaulting drawer even after
the expiry of the period of one month. If a failure of the payee to file a
complaint within a period of one month from the date of expiry of the
period of 15 days allowed for this purpose was to result in 'absolution',
the proviso would not have been added to negate that consequence. The
statute as it exists today, therefore, does not provide for 'absolution'
simply because the period of 30 days has expired or the payee has for
some other reasons deferred the filing of the complaint against the
defaulter.
The object underlying Section 138 of the NI Act is to promote and
inculcate faith in the efficacy of banking system and its operations,
giving credibility to Negotiable Instruments in business transactions
and to create an atmosphere of faith and reliance by discouraging people
from dishonouring their commitments which are implicit when they pay
their dues through cheques. The provision was intended to punish those
unscrupulous persons who issued cheques for discharging their
liabilities without really intending to honour the promise that goes with
the drawing up of such a negotiable instrument. It was intended to
enhance the acceptability of cheques in settlement of liabilities by
State Bank of India
48
making the drawer liable for penalties in case the cheque was
dishonoured and to safeguard and prevent harassment of honest drawers.
One of the salutary principles of interpretation of statutes is to adopt an
interpretation which promotes and advances the object sought to be
achieved by the legislation, in preference to an interpretation which
defeats such object. Purposive interpretation as a sound principle for the
Courts to adopt while interpreting statutory provisions. If an expression
is susceptible of a narrow or technical meaning, as well as a popular
meaning, the Court would be justified in assuming that the Legislature
used the expression in the sense which would carry out its object and
reject that which renders the exercise of its power invalid.
The Court relaying on its various decision examined the principles of
statutory interpretation. If it appears that the obvious aim and object of
the statutory provisions would be frustrated by accepting the literal
construction, then it may be open to the Court to enquire whether an
alternative construction which would serve the purpose of achieving the
aim and object of the Act, is reasonably possible. Even if there exists
some ambiguity in the language or the same is capable of two
interpretations, it is trite the interpretation which serves the object and
purport of the Act must be given effect to. In such a case the doctrine of
purposive construction should be adopted. Law should take a pragmatic
view of the matter and respond to the purpose for which it was made and
also take cognizance of the current capabilities of technology and life-
style of the community. It is well settled that the purpose of law provides
a good guide to the interpretation of the meaning of the Act. The Court
quoted the views of Justice Krishna Iyer in Busching Schmitz Private
Ltd's case that legislative futility is to be ruled out so long
as interpretative possibility permits.
Applying the above rule of interpretation and the provisions of Section
138, the Court held that a prosecution based on a second or successive
default in payment of the cheque amount should not be impermissible
simply because no prosecution based on the first default which was
followed by a statutory notice and a failure to pay had not been launched.
If the entire purpose underlying Section 138 of the Negotiable
Monthly Review I October 2012
49
Instruments Act is to compel the drawers to honour their commitments
made in the course of their business or other affairs, there is no reason
why a person who has issued a cheque which is dishonoured and who
fails to make payment despite statutory notice served upon him should
be immune to prosecution simply because the holder of the cheque has
not rushed to the court with a complaint based on such default or simply
because the drawer has made the holder defer prosecution promising to
make arrangements for funds or for any other similar reason. There is no
real or qualitative difference between a case where default is committed
and prosecution immediately launched and another where the
prosecution is deferred till the cheque presented again gets dishonoured
for the second or successive time.
According to the Court, an interpretation which curtails the right of the
parties to negotiate a possible settlement without prejudice to the right
of holder to institute proceedings within the outer period of limitation
stipulated by law should be avoided. By interpretation, the Court should
not force the parties to launch complaints where they can or may like to
defer such action for good and valid reasons. After all, neither the courts
nor the parties stand to gain by institution of proceedings which may
become unnecessary if cheque amount is paid by the drawer. The Court
also observed that the magistracy in this country is over-burdened by an
avalanche of cases under Section 138 of NI Act and it is difficult to say
that the law declared in its earlier decision has not added to court
congestion.
In the result, the Court overruled the decision in Sadanandan Bhadran's
case (supra) and held that prosecution based upon second or successive
dishonour of the cheque is also permissible so long as the same satisfies
the requirements stipulated in the proviso to Section 138 of the
Negotiable Instruments Act. The reference is answered accordingly and
the appeals transferred to the regular Bench for hearing and disposal in
light of the observations made by the higher Bench.
Notes
02
Monthly Review December 2011
02
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