Cheque Bounce Cases

We undertakes work related to Cheque Bounce Cases – issue notice, drafting, filing, handling of case before Metropolitan Magistrate Court/Competent Authority and also do all work related to Cheque Bounce Cases. The dishonor of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.

Process of Cheque Bounces Case:

If a cheque is bounced, a notice should to be sent to the opposite party within thirty days from the date of memo related to the bounced cheque which is received from the Bank.

The demand notice by the holder of the cheque should claim the amount for that the cheque has been bounced, providing fifteen days to pay the claimed amount.
The opposite party has fifteen days from the receipt of the notice to settle the matter and no reason for action arises until the termination of these fifteen days or if the amount is paid within the specified period.
After the completion of said 15 days, if the opposite party doesn’t settle the matter or ignores the demand notice, then the holder of the cheque may file a criminal complaint before the appropriate court within 30 days from the date of the termination of said 15 days.
The Complainant has to file within the jurisdiction of the court where he has his home branch of his bank.
If the said case is filed after the expiry of mandatory 30 days period, than in that case the complainant has to file condonation of delay before the Hon’ble Court and the delay can be ignored by the court on furnishing proper reason with evidence attach to it. It may be condoned without cost or with cost also.
Once the case is admitted by the Hon’ble Court than the complainant has to file verification U/s 200 of Cr. P.C and if the court is satisfied with verification of the complainant than the court may issue process against the opposite party/accused.
Once the summons is sent to the accused than he shall appear before the Hon’ble Court and may seek bail from the Court and plea may be recorded on the same day or on the next date.
If the accused remains absent in the next date than in that case the complainant can apply for issuance of the warrant against accused and Hon’ble Court may issue warrant against the accused if it is satisfied that the service of the summons was properly served on the last known address of the accused and the service is proper in the eyes of law.
If the Hon’ble Court is not satisfied with the service of the summons to the accused than in that case he may direct the complainant to apply for fresh issuance of summons on the old address through concerned police station or to the new address, if available by the complainant.
Once the plea is recorded than the complainant has to file affidavit of evidence in the next date and the document may be exhibited on the same day or the court may exhibit it on the next date.
The court may than allow the accused or his lawyer to cross examine the complainant and once the cross is finished than the accused statement is recorded under section 313.
Than the matter is kept for argument and order is passed on the same date or the next date.

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