Cheque Bounce (Section 138 of the Neogtiable Instrument Act)
Ruchesh Sinha
(Querist) 08 July 2009
This query is : Resolved
What is the procedure after complaint is filed in the court of magistrate. What are the sections should be referred to.
Jayashree Hariharan
(Expert) 08 July 2009
Judge will issue warrant. then bail proceedings, then plea (accused will accept or reject the accusations of cheque bounce), then evidence, then argument, then judgement.
each procedure has a relevant section. if you want to know regarding evidence, pls read evidence Act.
PARTHA P BORBORA
(Expert) 09 July 2009
the complete procedure is as followes-----first you pl. send a notice demanding to pay the amount of cheque allowing the payee 15 days from the date of receipt of ur demand notice- but u must send the notice within 30 days from the date of receiving the information that the cheque is bounced. if the payee has not pay the amount demanded after laps of 15 days, u may file a case U/S 138 NI Act. in the course of trial the Masistrate will issue Summons directing the payee to appear before his court. after appearence charge will be framed, court will examin the eviudence, court will record the statement of the accused, argument will be hard and judgement will be deleverd. ok??
vinjamuri ranga babu
(Expert) 13 July 2009
hi,
sections 200 cr.pc on wards kindly refer after filing, the court may take cognizance and issue notice to the accused and after receiving the notice from the court and the alleged accused shall attend the court regularly without fail, otherwise, the court may issue nbw for absence and after appearance, trial begins.
regards
vr
