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Cheque Bounce Procedure in Tricity

January 25, 2018
Procedure in a Cheque Bounce Case
 
 
Procedure of Cheque Bounce cases
 
1 Filing with originals- Cheque, return bank memo, legal notice with sent receipts, proof of legally enforceable debt, list of witnesses, and major supporting documents.
2 Preliminary Evidence- Sworn statement or affidavit to magistrate regarding the transaction in lieu of which cheque came in your hand. Once Judge is convinced, notices are issued.
3 Appearance of Accused- take bail, give surety, furnish bail bonds, bring identifier with Aadhaar card. If not appeared then BW, NBW, Proclaimation, 299 statements and case file temporarily closed. Accused will take notice of acquisition and plead not guilty.
4 Complainant Evidence  and cross examination.
5 Statement 313 of accused.
6 Defendant Evidence and cross.
7 Arguments. 
8 Judgement. 
9 Appeal in 30 days.
10 Max. 2 years jail and twice the amount of cheque can be awarded.
 
Recently government has proposed to move an amendment where interim compensation provision will be applicable to complainant and in appeal also, accused is required to submit some amount.
 
Cheque Bounce cases usually take 18-24 months. Security cheque is covered under the provisions of negotiable instrument act barring the debt should exist at the time of issuing of cheque.
 
Cheque bounce cases are person specific as per latest judgement of Supreme Court. The jurisdiction is where payee maintains the account, home branch or where the transaction is purportedly being taken for acceptance of payment. 
 
One should not issue cheques for just sake of it else it can be misused.  For any case specific advice, please dial 9988817966 or write at satish@legalseva.net 

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