Introduction
Table of Contents
The procedure for a cheque bounce case is as follows:
First, the complainant files an FIR against the drawer of the cheque at his nearest police station. After getting the FIR, the police should conduct a thorough investigation and then after completing it, file a charge sheet (Cognizable offences) or challan (Non-cognizable offences) in court. The accused can approach a Criminal Court even at this stage to prove that there was no liability on him. If he fails in doing so, then he will be summoned by court either personally or through his lawyer where both sides will be heard and examined before deciding whether or not to convict an accused person. After examining documents and witness statements and hearing both parties if the court feels that there is sufficient evidence against an accused then it may either convict him for punishment or acquit him of all charges if proved otherwise by accused party himself/herself which is called as “putting up defense.”
Firstly, the complainant files an FIR against the drawer of the cheque at his nearest police station.
First, a complainant files an FIR against the drawer of the cheque at his nearest police station. If a case is filed and police register it, they will investigate it after due investigation. After completing their investigation, they will file chargesheet in court which will summon accused to appear before it and examine documents and witness statements. The court may convict accused or acquit him of the charges.
After getting the FIR, the police should conduct a thorough investigation and then after completing it, file a charge sheet (Cognizable offences) or challan (Non-cognizable offences) in court.
After getting the FIR, the police should conduct a thorough investigation and then after completing it, file a charge sheet (Cognizable offences) or challan (Non-cognizable offences) in court. The court will then decide if there is enough evidence to proceed against the accused.
The accused can approach a Criminal Court even at this stage to prove that there was no liability on him.
If you have been accused of a crime, you can approach the court at this stage to prove that there was no liability on you. The court may convict you for punishment or acquit you of all charges (if it finds that there was no liability on your part).
If he fails in doing so, the court shall summon him to appear before it either personally or through a lawyer.
- If he fails in doing so, the court shall summon him to appear before it either personally or through a lawyer.
- In case of personal appearance, bail will not be allowed.
- If he fails to appear even after summoning, then the court may issue a warrant for his arrest.
After examining the documents and witness statements and hearing both parties, if the Court feels that there is sufficient evidence to proceed against the accused, then it may either convict him for punishment or acquit him of all charges (if the accused proves that there was no liability on him).
After examining the documents and witness statements and hearing both parties, if the Court feels that there is sufficient evidence to proceed against the accused, then it may either convict him for punishment or acquit him of all charges (if the accused proves that there was no liability on him). The Court may impose punishment of simple imprisonment for a term which may extend to one year, with fine which may extend to twice the amount of cheque.
Note: The court may impose punishment of simple imprisonment for a term which may extend to one year, with fine which may extend to twice the amount of cheque.
The court may impose punishment of simple imprisonment for a term which may extend to one year, with fine which may extend to twice the amount of cheque. In addition, the court may also impose fine up to 100% of the amount.
Conclusion
In conclusion, it can be said that the procedure for a cheque bounce case is fairly simple and easy to understand. All you need to do is approach the police station with your complaint and file an FIR against the drawer of the cheque. After getting the FIR registered, they should conduct a thorough investigation and then after completing it, file a charge sheet (Cognizable offences) or challan (Non-cognizable offences) in court. The accused can approach a Criminal Court even at this stage to prove that there was no liability on him. If he fails in doing so, then court shall summon him either personally or through lawyer
