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Vasant Kumar (Lawyer)     04 December 2010

Procedures

Plz throw light on the procedures to be followed in 'Cheque Bounce' i.e. u/s 138 of N.I. Act cases, as i am new in this feild and doing the case independently.

 I am for the complainant...................after notce and all I have filed the complaint under the Ld. M.M.

What is the next step......to be followed by me. Plz advice.

Thanks in advance.



Learning

 4 Replies

Bharath.T. (Criminial And Civil)     05 December 2010

After you've filed an complaint.

On the next hearing date,

You should give an sworn statement in front of hon'ble judge regarding cheque amount, your's bank and accused's bank and so on. whatever hon'ble judge asks you.

That is not a big hassle at all, just takes few minutes.

Once you do that, get back here, i'll tell you the next step.


Regards

Thirumaran (Litigation Incharge)     06 December 2010

Sir,

First you have to issue a notice as mandated under section 138 of NI Act within 30 days from the date of the dishonour of the cheque in question. Then you have to give the receipient 15 days from the date of your notice to give a reply or to settle the issue. Only the non compliance of the demand of your notice will give raise to the offence. Thereafter after the expiry of 15 days, your filing time starts on the 16th day and ends 30 days thereafter. You have to file the complaint in writing before the concerned jurisdictional magistrate. If there is a delay in filing, you have to file a seperate petition for condonation of delay along with an affidavit. Then, the complaint will be taken on file after sworn statement is recorded and a calender case number/summary trial case number will be allotted and the next hearing date will be fixed. Then, you have to take summons on the accused and the accused will appear. Then he will be served with copies and questioning will take place. Thereafter the matter will be posted for trial. You have to put the complainant in the witness box and take evidence and thereafter cross examination follows after which the matter will be posted for 313 questioning. then if the defence has any witness the same will be considered after which the matter will be posted for arguments.

These are the basis procedures in 138 Pvt complaint.

regards

 

THIRUMARAN.

ADVOCATE

Vasant Kumar (Lawyer)     07 December 2010

Thanks all for your valuable suggesstions.

Now on my complaint / pre-summonning evidence, notice was served to accused and accused didnt appear on the date fixed.........hence N.B.W. was issued against him.

Now the Ld. M.M. has fixed N.D.O.H. in next month.

I request you all to kindly advice me that, what will be the next procedure? Is my submission of pre-summonig evidence in Court is enough for making the accused liableto pay the amount?

Thirumaran (Litigation Incharge)     08 December 2010

Sir,

 

No, You will have to execute the NBW against the accused and upon production before the court the court will remand/release him on bail. Thereafter questioning of accused will take place and thereafter trial will commence.

 

regards

 

THIRUMARAN

ADVOCATE


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