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PART 1 - THINGS TO KNOW BEFORE FILING DEFAMATION COMPLAINT

Being aggrieved of the ruthless comments made upon Birbal by Akbar (His Majesty) in front of the entire Darbar, Birbal has decided to file a Defamation Complaint before the Court of Law. (If you feel clueless, read the first paragraph of - PREVIEW OF DEFAMATION COMPLAINTS PROCEDURE ) Also, Birbal is clueless about the legal process, so he approached Me ( Note: this anecdote is fictional, if you have not realized till now). I had to tell him the following information to make him aware about “Defamation Case Procedures in Indian Courts” in exchange of some legal-fee of course: SECTION 499: Defamation is a Criminal offence under Section 499 of Indian Penal Code . This legal provision contains the legal definition of ‘Defamation’, which has to be followed by Courts and the judicial fraternity in order to convict or acquit an Accused person.   Short-Gyan: Did you know that making defamatory comments against a dead individual is also a criminal defamation offence!   PUNISHME...
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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. C...
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PART 1: PRACTICAL INSIGHTS AND STAGES IN A CHEQUE BOUNCE COMPLAINT?

First things first, in order to file a Cheque Bounce Complaint before the Magistrate, the Stages of Trial in such case needs to be understood, which is as follows: STAGES OF TRIAL IN A CHEQUE BOUNCE CASE 1. Appearance of Accused 2. Plea Recording of Accused (‘Guilty’ OR ‘Not Guilty’) 3. Evidence Stage 4. Final Arguments 5. Judgment     Now, let us start with the practical procedure in a Cheque Bounce case and along with some FAQs that a Complainant/Accused must be aware about during the entire court case.     A.    FILING THE COMPLAINT After the Accused Person fails to pay the cheque amount to you within the statutory time limit of 15 days period mentioned under Section 138 of Negotiable Instruments Act, 1881 (“ NI Act ”), the Complainant must file a Complainant before the Magistrate within the next 30 days. QUES. How to know the exact Magistrate or Court premises for filing the Cheque Bounce Complaint? Step 1: Find out the Police sta...
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INTRODUCTION POST FOR SHORTICLE SERIES - "CHEQUE BOUNCE PROCEEDINGS IN INDIAN COURTS"

  INTRODUCTION POST While the offence of “Cheque Bounce”, in the opinion of the Supreme Court, is a legit “criminal offence” in the skin of a “civil offence” surrounding, however, the phrase “cheque bounce” is a relatable term for many Indian households, either by virtue of them being involved in the offence or maybe their parents/relatives involved in the same, at some or the other point of time. Having worked on several cheque bounce offences during my small advocacy career (ongoing), I have realized something about the clients belonging to non-legal background. They always tend to have 50% knowledge about the functioning and procedural knowledge of a cheque bounce court proceedings, which is both a vice and a virtue for them. Through this 2 nd Shorticle Series “ CHEQUE BOUNCE PROCEEDINGS IN INDIAN COURTS ” , I will make sure that an individual has enough knowledge about the cheque bounce case procedure, so as to minimize the surprise factor during the hearings of his case....
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