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LAKDAWALA (DOCTOR)     01 March 2011

what are stages of trial in negotiable instruments act

Dear All

Can anybody please tell me "What are stages of trial in Negotiable Instruments Act"




 8 Replies


Please clarify your question.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 March 2011

If you are a accused you have unlimited opportunities to defend.

If complainant you have to prove your story beyond doubt.

Samir Jha (Advocate)     02 March 2011

Dear Mr. Lakdawala,

Firstly when the complaint case  is admitted, the court looks into the question if the case is within limitation and other requirements have been met or not. After satisfying itself, pre-summoning evidence of complainant will be done. Thereafter the court will issue summon to the accused.

After the summon, the accused will appear before the court and either can settle the matter or can contest the case. In case the accused decides to contest the case, the accused is required to furnish bail.

A notice  will be framed against the accused by the court.

In Delhi, after a recent judgment the accused is also required to move an application disclosing his defense and request to cross-examine the complainant and other complainant witness.

Thereafter, the accused will be allowed to lead his own defence evidence to prove his defense. After the closure of Defence evidence, Statement of accused will be recorded and the matter will be fixed for final arguments.

These are the broadly the different stages of trial in negotiable instrument act.

Advocate Anuj Anand (Advocate)     02 March 2011

Cheque bounce- Notice to be served with 30 days. Legal notice should give time of 15 days. Case can be filed with in one month i.e. from the date of Legal notice is sent you have time of 45 days to file the complaint. When you file case the case if fixed you have to tender  ur preliminary evidence i.e mostly the complainant’s evidence and then preliminary  evidence is closed  the case is fixed either for consideration on summoning or the accused is sent notice. On the date fixed if the accused is present then she has to furnish bail bonds. Then evidence of complainant, after that statement u/s 313 Crpc. Then evidence of accused. Then judgment

A.K.LAKDAWALA (LAW SUDENT)     02 March 2011

Dear All ,

Thank you very much for the detailed explanation.

God Bless

prashant pundhir (Criminal Lawyer)     05 March 2011


           Negotiable instument act cosist a lot of things, so first you put your question

properly .Genrally in negotiable instrument act,the cases comes of cheque dishonour

u/s 138 negotiable instrument act . If your question is regarding to this question,send 

it properly and I will tell you all stages of trial .

A.K.LAKDAWALA (LAW SUDENT)     05 March 2011

Thank You Sir ,

The query related was precisely u/s 138 which have been explained by Adv.Samir Jha & Adv. Anuj Anand

God Bless

Satish Mishra   21 January 2018

In short- filing of complaint, preliminary evidence for issuing of summons, appearence of accused, complainant evidence along with witnesses and cross examination,  recording of 313 statement complainant evidence along with witnesses and cross examination, Arguments, Judgment conclusion of trial. You get 30 days to appeal against the judgment.

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