Legal Notice | Filing Complaint |Sworn in Statement of Complainant | Appearance of Accused | Examination in Chief | Cross Examination | Defence Evidence | Arguments | Judgment
The following are the stages in case of bouncing of a cheque:
Stage 1
Demand / Legal Notice
If the cheque presented before the bank is bounced for insufficient fund or some other reasons, the demand notice to be send for payment within 30 days from the date of cheque bounce. If the other party failed to comply the notice (usually in 15 days) then a complaint under section 138 of negotiable Instrument should be filed in the concerned magistrate court within the jurisdiction.
Stage 2
File Complaint in the Court
Filing of complaints u/s 138 with M.M./A.M.M.
The complaint should be filed before the Trial Court with supporting documents
such as Returned Cheque whit bank slip, Legal Notice with Acknowledgment for the
receipt or delivery, Reply notice and proof for liability such as invoices,
promissory note and etc., If the courts finds prima-facie a case is made out,
then the complainant will be called to make sworn statement before the court.
Stage 3
Sworn Statement of Complainant
The complainant or his authorized agent should appear in the witness box and
provide relevant details for filing the case. If the court is satisfied and
finds substance in the complainant, then the summon will be issued to the
accused to appear before the Court.
Stage 4
Appearance of Accused
The accused shall appear in court in person or through his Counsel. The court
will verify whether the summon issued by the court is received by the accused. In
spite of the receipt of summon, if the accused failed to appear before the court
then the the court will issue an arrest warrant against him. The court will
enquire the accused whether he admits the charges made by the complaint. In case
of admission of guilty, the court will post the matter for punishment. If the
accused, denies the charges then he will be served with the copy of complaint
and he will be directed to submit his version of defense.
Stage 5
Examination in Chief
The Complainant shall present his evidence by way of oral or affidavit and
produce all documents including the original in support of his complaint. The
complainant can also present his witnesses in support of his case.
Stage 6
Cross Examination in Cheque Bounce cases
The complainant will be cross examined by the accused or his counsel. The
other witnesses appeared in support of the complainant will also be cross
examined in this stage.
Stage 7
Defense Evidence
The accused will be given an opportunity to leave his evidence. The accused will
also be afforded an opportunity to submit his documents in support of his case,
as well as witnesses in his support. Accused and his witnesses will be cross
examined by the complainant. After this, the case is posted for arguments.
Stage 8
Arguments
The Complainant and the accused or this counsels shall submit their arguments
before the Court. During the argument the counsel may submit the precedents of
High courts and Supreme Court in support of their case. Usually, a written
argument containing a gist of the oral argument is also submitted before the the
court.
Stage 9
Judgment
After the arguments, the case is posted for judgment. if the court finds in
favor of the complainant then the accused will be punished with fine or
imprisonment. If the court finds in favor of the Accused, then the court will
acquit him. If accused is convicted, he will be subjected to arrest or he can
move a petition for suspension his sentence for a period of 30 days, so he can
file an appeal before the sessions court.
1. Drawing the cheque.
2. Presentation of the cheque to the Bank.
3. Returning the cheque unpaid by the drawee Bank.
4. Payment demand notice issued to the drawer of the cheque
5. Failure of the drawer to make payment within 15 days of the receipt of
notice.
- Negotiable Instrument Act, 1881
- Criminal Procedures Code; 1973
- Indian Evidence Act, 1872,
- The Criminal Rules of Practice and Circular orders, 1990
- Indian Limitation, 1963.
- General Clauses Act 1897.
- Bankers Books Evidence Act, 1891.
- Bills of Exchange Act, 1882.
- Information Technology Act, 2000.[Electronic Cheque]
- Constitution of India [Rights of Accused]
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