PART 2: PRACTICAL INSIGHTS AND STAGES IN A CHEQUE BOUNCE COMPLAINT

 The content of the last Shorticle, due to its length, had to be cut in two halves. The first half titled "PART 1: PRACTICAL INSIGHTS AND STAGES IN A CHEQUE BOUNCE COMPLAINT" dealt with the procedure uptil THE COURT ISSUING NOTICE AGAINST THE ACCUSED PERSON IN ORDER TO MAKE HIM/HER APPEAR BEFORE THE COURT.

Now henceforth, the further Stages in a Cheque Bounce Complaint is as follows:

 

 

C.   FIRST APPEARANCE OF THE ACCUSED IN COURT

This is a very crucial date of hearing for both Accused and Complainant. Let me point out the things that both the parties (Complainant & Accused) must be aware about:

 

ACCUSED PERSON: POINTS TO BE KEPT IN MIND ON HIS FIRST APPEARANCE DATE

POINT 1: Hire a Lawyer and obtain Bail from the Magistrate. This is a Bailable Offence, so you will get Bail easily.

POINT 2: Fulfill all the Bail conditions which are imposed on you. Generally, some monetary amount is to be deposited in the Cash Department of the Court. Comply with all the necessary bail compliances.

POINT 3: Be prepared for your Plea Recording today, you will be asked your opinion as to whether you are “Guilty” or “Not guilty”. If you are willing to pay the cheque amount to the Complainant and settle the matter, inform the Magistrate your intention of doing so and ask for an adjournment, in order to postpone the “Plea Recording” session for the next date.

POINT 4: Be prepared that the Complainant will file an Application under section 143A of NI Act for obtaining interim compensation amount from you. This interim-compensation amount is to be decided by the Magistrate, and can go upto 20% of the total cheque amount. If this Application is filed by Complainant today, then just orally ask the Magistrate to grant you some time to file an appropriate Reply on this Application.

 

COMPLAINANT: POINTS TO BE KEPT IN MIND ON THE FIRST APPEARANCE DATE OF ACCUSED

POINT 1: The Complainant must be ready with the Application u/s. 143A of NI Act, and must file the same as soon as the Accused person pleads “Not Guilty” before the Magistrate. Through this application, the Complainant has the right to request for a maximum of 20% of the cheque amount from the Accused person at this very initial stage of matter.

POINT 2: Complainant must file his Affidavit of Evidence u/s. 145 of NI Act, along with all the original documents supporting his case.

As soon as the Affidavit of Evidence is filed by Complainant, it shall be considered that the case has entered into its next stage, i.e. EVIDENCE stage.

 

D.   EVIDENCE STAGE

The stage of Evidence is a very crucial stage, where you can make or break your case. It is highly advisable that an Advocate should be hired in order to deal with the technicalities of this stage. Nonetheless, for the sake of information, the chronological steps to be followed at the Evidence stage are mentioned below:

 

STEP 1: Chief-Examination of the Complainant under section 145 of NI Act. This has to be filed in the form of an Affidavit, and must consist of all original documents that you want to rely upon as evidence in your case, including the original Cheque and the original Cheque Return Memo.

In addition to the above, the chief-examination of other witnesses (if any) from the Complainant’s side may be performed;

 

STEP 2: Cross-Examination of Complainant & Complainant’s side witnesses. The chief-examinations of every Complainant side witnesses (including the Complainant) shall be followed by their respective Cross-Examinations, which will be done by the Accused person’s Advocate;

 

STEP 3: Re-Examination of the Complainant or any other witness from the side of Complainant (if any);

 

STEP 4: Statement of Accused person to be recorded (NOT ON OATH) under Section 313 of CrPC. The purpose of this step is to give an opportunity to the Accused to state his side of the story to the Magistrate without getting worried about that his statements may go against him and eventually break his case. 

 

STEP 5: Chief-Examination of the Accused person & Accused person’s side witnesse(s). Though, there is no supporting legal provision to file it in the form of an Affidavit, unlike in the case of Complainant’s Chief Examination (see “Step 1” above), however, by way of case-laws (such as Rakeshbhai Gaganbhai Barot v. State of Gujarat in SPL. CRIM. APPLICATION No. 3367/2018 passed by the Gujarat High Court) the Accused may request the Magistrate to record his Chief-Examination in the form of an Affidavit.

 

STEP 6: Cross-Examination of Accused & the witnesses from Accused side.

 

E.   FINAL ARGUMENTS

After the Evidence stage is over, the penultimate task of both the Advocates remains, i.e. Arguments on the basis of the evidences that are placed on record. Firstly, Complainant’s side Advocate has to present his arguments and then the Advocate for Accused must present his arguments.

 

F.  JUDGMENT

Considering the arguments from both the sides, the Magistrate will pass his Final Judgment in the case.

 

QUESTIONS WHICH MAY ARISE IN READER’S MIND?

·         What all things must be kept in mind while drafting a cheque bounce complaint?

·         What are the other documents which must be attached in a Cheque Bounce Complaint?

·         What are the contents of the Application u/s. 143-A of NI Act (Interim-Compensation Application)?

 

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NEXT BLOG ON:

HOW TO DRAFT A CHEQUEBOUNCE COMPLAINT AND OTHER ANCILLARY APPLICATIONS?

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ABOUT THE AUTHOR 

Advocate Shreyas Jain, being a legal practitioner based in Mumbai, specializes in Criminal Law and primarily deal with criminal matters placed before Metropolitan Magistrates and Session Courts at Mumbai & Thane. Mr. Jain is a first generation lawyer and believes in working and excelling at the ground level before going big. You may reach him at +91-7054407778 or through his e-mail jainshreyas1995@gmail.com

 

NOTE: VIEWS MENTIONED IN THE ARTICLE ABOVE ARE PERSONAL AND HAS NOTHING TO DO WITH ANY PERSON, PLACE, ORGANISATION OR ANY OTHER FALLING UNDER THE DEFINITION OF ‘PERSON’ UNDER INDIAN PENAL CODE, 1860.