Negotaible Instruments act

Querist : Anonymous (Querist) 24 January 2010 This query is : Resolved
Dear sir

In November 2008 we filled cheque bounce cases under NI act. So far nothing hapenned except adjournments. My advocate informed that there will be an examination of the accused in March 2010.

Can you please guide me what will be the procedure in NI act cases:

a) What will happen in Examination
b) What is the next step

Pl advice in this regard

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bhupender sharma (Expert) 24 January 2010
thereafter the defence evidence will be led and thereafter the final arguments then judgement.

Querist : Anonymous (Querist) 24 January 2010
thanks for your quick reply sir.

Infact i want to know what will happen in examination & what would be the next stem

RAKHI BUDHIRAJA ADVOCATE (Expert) 25 January 2010
I do agree with the views of my LD. Friend. But I want to ask some questions. U can call me at 9871158578

B K Raghavendra Rao (Expert) 25 January 2010

After you file the complaint under Section 138 of the NI Act, the court would call upon you to file an affidavit ascertaining the facts mentioned in your complaint is true. This stage is known as filing 'Sworn Statement'. After your sworn statement, the court convert your complaint (PCR) into Criminal Case (CC). After that notice would be issued to the Accused. Accused would appear and get bail if insisted by the court. The court would ask the accused if he would accept the allegation of cheque bounce and his liability. This is called 'Plea'. If he accepts, then he would be convicted then and there. Otherwise, proceedings continue. Then it would be posted for your evidence and cross-examination. After your cross-examination, the case would be posted for 313 statement and his evidence.

The Accused would in his examination (evidence) would issue statement in his defence denying his liability.

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