CHEQUE DISHONOUR CASE UNDER NEGOTIABLE INSTRUMENTS ACT AND APPEALS FROM JUDGEMENT OF CONVICTION BY LOWER COURT.
1. SEC. 138 AND OTHER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT IS REGARDING DISHONOUR OF CHEQUES AND PUNISHMENT
2. ONCE CHEQUE IS DISHONOURED DUE TO INSUFFICIENT FUNDS OR ANY OTHER REASON THE, COMPLAINANT MAY ISSUE A LEGAL NOTICE BY REGD.POST A.D . TO THE OTHER SIDE WITHIN 30 DAYS OF DATE OF DISHONOUR OF CHEQUE AND DEMAND THE CHEQUE AMOUNT WITHING SAID LIMITATION PERIOD .
3.AFTER SERVICE OF SAID LEGAL NOTICE ON THE OTHER SIDE , IF PAYMENT OF CHEQUE AMOUNT IS MADE WITHING LIMITATION PERIOD OF FIFTEEN DAYS,, THEN MATER ENDS.BUT IF PAYMENT IS NOT MADE WITHIN SAID LIMITATION PERIOD , THEN THE COMPLAINANT HAS TO FILE A CR.CASE IN ONE MONTH FROM THE DATE OF CAUSE OF ACTION,, IN COURT HAVING AREA JURISDICTION , WHERE BANK OF COMPLAINANT IS SITUATED IN WHICH CHEQUE WAS DEPOSITED. THIS IS AS PER AMMENDMENT PLEASE NOTE..
4. UP ON HEARING COMPLAINANT AND PERUSING THE RECORDS AND DOCUMENTS COURT WILL ISSUE PROCESS AND SUMMONS WILL BE SENT TO ACCUSED FOR APPEARENCE ON NEXT DATE. ACCUSED SHOULD APPEAR IN COURT AND APPLY FOR BAIL AND FURNISH WITSURETY DOCUMENTS
5.KINDLY NOTE THAT POLICE HAVE NO ROLE TO PLAY IN CASES UNDER SEC. 138 OF N.I.ACT. EXCEPT FOR SERVING THE SUMMONS TO THE ACCUSED . BUT IF AFTER SERVICE OF SUMMONS ACCUSED DID NOT APPEAR IN COURT THEN WARRANT CAN BE ISSUED AND POLICE CAN ARREST THE ACCUSED AND PRODUCE HIM IN COURT.
6. COURT WILL ALLOW EVIDENCE AND WITNESS OF COMPLAINANT AND ALSO RECORD STATEMENT OF ACCUSED AND ALSO ALLOW ACCUSED TO PRODUCE DEFENCE WITNESSES AND THEN AFTER HEARING ADVOCATE FOR COMPLAINANT AND ADVOCATE FOR ACCUSED. COURT MAY PASS JUDGEMENT.
7 IF ACCUSED IS ACQUITED THEN THE COMPLAINANT CAN CHALLENGE THE SAID JUDGEMENT IN APPEAL BEFORE SUPERIOR COURTS AND IF ACCUSED IS CONVICTED THEN ACCUSED CAN FILE APPEAL AGAINST CONVICTION BEFORE SUPERIOR COURTS OF SESSIONS AND APPLY FOR SETING ASIDE JUDGEMENT OF LOWER COURT AND ALSO APPLY FOR SUSPENSION OF CONVICTION AND SENTENCE AND ALSO FOR BAIL.
8 COURT WILL ISSUE NOTICE TO THE RESPONDENT AND UP ON HEARING BOTH SIDES MAY ADMIT APPEAL AND SUSPEND THE CONVICTION AND SENTENCE AND ALSO ALLOW BAIL TO ACCUSED.
9 SESSIONS COURT MAY PASS JUDGEMENT UP ON HEARING BOTH THE PARTIES AND THEIR ADVOCATES . AND MAY SET ASIDE THE JUDGEMENT OF LOWER COURT OR MAY REJECT THE APPEAL.
THIS IS BRIEF PROCEDURE OF CRIMINAL COURTS REGARDING THE CASE UNDER NEGOTIABLE INSTRUMENTS ACT AND APPEALS FROM CONVICTION JUDGEMENT OF LOWER COURT.
THIS IS BRIEF PROCEDURE AND THE ACTUAL CASES AND APPEALS MAY DIFFER FROM CASE TO CASE DEPENDING UP ON FACTS OF THE CASE PLEASE NOTE.
GOOD LUCK.
NANDKUMAR B.SAWANT.,M.COM.LL.B.ADVOCATE HIGH COURT.
