Cheque Bounce Complaint Filing Process - Step by Step Guide

Pre-Filing Steps - What to Do Before Filing a Complaint

Before filing a criminal complaint for cheque bounce, certain preliminary steps must be completed. The first step is to obtain the cheque return memo from the bank. The return memo is a document issued by the bank that specifies the reason for dishonour of the cheque. The payee must collect the original cheque along with the return memo from the bank. The return memo is crucial evidence in the case, as it proves that the cheque was presented and dishonoured. The payee should also obtain a certified copy of the return memo from the bank, if required.

The next step is to issue a legal notice to the drawer demanding payment of the cheque amount. The notice must be sent within 30 days of receiving the return memo. The notice must be sent by registered post or courier, and the payee should retain proof of dispatch. The payee must then wait for 15 days from the date of receipt of the notice by the drawer. If the drawer fails to make payment within this period, the payee can proceed to file the complaint. The payee should also gather all relevant documents, including the cheque, return memo, legal notice, proof of service, and evidence of the underlying debt or liability. Vidhi Legal Services assists clients in completing all pre-filing steps and ensuring that all requirements are met.

Jurisdiction - Where to File the Complaint

Jurisdiction is an important consideration in filing a cheque bounce complaint. The complaint must be filed before the magistrate having jurisdiction over the area where the cheque was presented for payment or where the bank branch is located. The Supreme Court has clarified that the jurisdiction for filing a cheque bounce case is determined by the place where the cheque is presented for payment, which is typically the location of the payee's bank branch. If the cheque is presented at a branch of the payee's bank, the court having jurisdiction over that branch will have the authority to hear the case.

If the cheque is presented at a clearing house, the jurisdiction is determined by the location of the clearing house. The jurisdiction can also be determined by the location of the drawer's bank branch, but the Supreme Court has held that the payee has the option to file the complaint at the place where the cheque is presented for payment. It is important to file the complaint before the correct court, as filing before a court without jurisdiction can result in the dismissal of the complaint. Vidhi Legal Services advises clients on the correct jurisdiction for filing cheque bounce complaints and ensures that the complaint is filed before the appropriate court.

Drafting the Complaint - Contents and Requirements

The complaint in a cheque bounce case must contain all the essential details required under Section 138 of the Negotiable Instruments Act. The complaint should begin with the name and address of the complainant and the accused. It should state the date of issuance of the cheque, the cheque number, the amount, the bank on which it was drawn, and the purpose for which it was issued. The complaint should mention that the cheque was presented for payment on a specific date and that it was dishonoured by the bank with a specific reason.

The complaint should state that a legal notice was issued to the accused within 30 days of receiving the return memo and that the notice was served on the accused. It should state that despite the service of the notice, the accused failed to make payment within 15 days. The complaint should include a prayer requesting the court to take cognizance of the offence and to issue summons to the accused. The complaint should be signed by the complainant or his authorised representative and should be verified by an affidavit. The complaint should be accompanied by all relevant documents, including the original cheque, return memo, legal notice, and proof of service. Vidhi Legal Services prepares professionally drafted complaints that comply with all legal requirements.

Court Procedure After Filing

After the complaint is filed, the magistrate will examine the complaint and the documents to determine whether a prima facie case is made out. If the magistrate is satisfied, the court will take cognizance of the offence and issue summons to the accused. The summons requires the accused to appear before the court on a specified date. If the magistrate is not satisfied, the court may dismiss the complaint or require the complainant to provide additional evidence. The magistrate may also examine the complainant on oath to verify the contents of the complaint.

Once the summons is issued, the accused must appear before the court. The accused will be released on bail, as the offence is bailable. The court will then proceed with the trial, which includes the recording of the complainant's evidence, the examination of the accused under Section 313 of the CrPC, and the defence evidence. The court may also direct the accused to deposit interim compensation. The trial is conducted summarily, and the court is required to conclude the trial within six months. After the trial, the court will deliver its judgment, either convicting or acquitting the accused. Vidhi Legal Services represents clients throughout the court proceedings and ensures that all procedural requirements are met.

Post-Judgment Remedies and Appeals

After the judgment is delivered, the aggrieved party has the right to appeal against the decision. If the accused is convicted, he can appeal against the conviction before the appellate court. The appeal must be filed within 30 days of the judgment. The appellate court can confirm, reverse, or modify the judgment of the trial court. The appellate court can also order a retrial if it considers it necessary. If the accused is acquitted, the complainant can appeal against the acquittal before the High Court with the leave of the court.

The appeal must be filed within 90 days of the judgment of acquittal. The appellate court can reverse the acquittal and convict the accused if it finds that the trial court's decision was perverse or against the weight of evidence. The parties can also file a revision petition before the High Court against the order of the trial court or the appellate court. The High Court can exercise its revisional jurisdiction to correct any irregularity or illegality in the proceedings. Vidhi Legal Services represents clients in appeals and revision petitions and works to achieve the best possible outcome in cheque bounce cases.

Frequently Asked Questions