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STAGES INVOLVED DURING A CHEQUE BOUNCE CASE

INTRODUCTION

Today we shall discuss the different stages one has to go through after filing a cheque bounce case in court of competent jurisdiction. The length of each case depends upon its peculiar facts and circumstances. The intention of the parties coming before court is also relevant in determining the fate of the particular case. This is because the accused ( against whom case is filed ) if of the opinion that he has no defense to rely upon in the particular case or is otherwise liable to pay the money to the complainant, then in such a situation he can plead before the court that he admit its fault and is therefore is ready to pay the money of the complainant and in such a case the court can allow the parties to settle the matter amicably which not only saves the time of the parties but also relieve the courts from ongoing pendency to some extent. However, in case there is no scope of settlement, and the accused pleads not guilty, in such a situation the case has to undergo full trial. The steps involved in such a situation are being reproduced as hereunder: -

  1. Immediately after the case is filed, a date is assigned for the hearing of the same in which the admission of the complaint/case is done. While admitting the case, the court sees whether the pre-requisites for filing a cheque bounce case is being complied with or not. Once the court is satisfied with the same, then comes the stage of pre-summoning evidence which as the name suggests refers to the evidence of the complainant even before summoning of the accused.
  2. After the stage of pre-summoning evidence, the court shall issue notice/summons to the accused upon the address mentioned by the complainant in his complaint. In case, service is complete against the accused, and the accused fails to appear on the date fixed, in such a situation the counsel for the complainant may plead before the court to issue bailable warrants against him. In case, the accused still do not appear, the court may issue Non Bailable Warrants, and after issuance of the same, very seldom there are chances that accused do not appear.
  3. Now once the accused is before the court, first thing the court does is to frame a notice U/s 251 CrPC, in simpler terms, court asks the accused whether he pleads guilty or not. In case yes, then there are chances that the case might be settled as discussed above. However, in a situation where accused pleads not guilty, in such a case the court at the first instance, records the reason/defense of the accused upon which he/she relies upon.
  4. Thereafter, in majority of cases, the accused through his Counsel files an application under Sec 145(2) NI Act, whereby a permission is being sought to cross examination the complainant and other witnesses if any being relied upon. The counsel for the accused then carries on the cross examination and tries to expose the falsity if any in the case filed by the complainant along with putting forward the defense of the accused.
  5. After completion the stage of cross examination of the complainant, then comes the stage where the court records the statement of the accused under Sec 313 CrPC wherein the accused can once again reiterate the defense taken by him earlier when the notice was framed against him.
  6. At this stage, the accused has an option to either file evidence through affidavit or he/she can even dispense away this step. It is very important decision as, in if the accused wants to give his/her evidence, in such a situation the person so examined will also be cross examined by the Counsel for the complainant.
  7. Lastly after completion of the evidence, the complaint/case is then fixed for the purpose of final arguments in which both the parties get the opportunity to prove their case as per the loopholes left in the case of the other during the complete trial supported by case laws/precedents.
  8. Finally, after hearing both the parties, the court then gives its decision.

I hope I was able to express myself in clear and simple terms regarding the process one needs to go through in case he/she files a complaint for cheque bounce. For any queries, you can write in the comments section below. 

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