When a case involving a bounced check is brought before an attorney at the client’s request, the attorney is required to send a legal notice to the person who issued the check within 30 days of the date of the bounce, demand the amount for which the check bounced, and give the person 15 days to respond and resolve the issue. The notice must also include a copy of the bank’s memo.
The opposing Party has 15 days, not from the day the notification was delivered, but from the date it was received, to resolve the issue. There is no basis for action, and the client must wait the allotted 15 days for the opposing party to react and resolve the dispute before proceeding. If the other party did not answer or did not want to resolve the issue within the allotted 15 days following the expiration of the allotted time, then the holder of the check may file a criminal complaint before the relevant court within 30 days following the expiration of the allotted time. The court may excuse the delay if it exceeds the specified 30-day window.
After the cause of action accrues, the complaint must be filed with the jurisdictional magistrate within 30 days. At the time of filing, the complainant must be present before the magistrate. The majority of courts do not accept complaints submitted in the jurisdiction of the complainant bank, thus that is where the complaint should be lodged. The Section’s personnel will verify the jurisdiction and documents there before the Honourable Judge passes it on for review. The file will be delivered to the Honorable Judge if satisfied. The original documents must be displayed to the proper authorities during check and put up. The magistrate will post the matter for a sworn statement if the Honorable Judge is satisfied with the Check N Put up and the Case.
The complainant must now enter the witness box and provide further information about the case. The accused will be served with a summons if the magistrate determines that the complainant’s case has merit.
Appearance of Accused:
Upon receiving a summons, the accused must show up in court. Recording of Plea would be the next step if the accused appeared; otherwise The court will issue an arrest warrant for him if he fails to show up. The accused is required to get bail from the court after making an appearance, either with or without sureties. In lieu of a surety, if the accused is unable to provide one, he may deposit cash as security. After the case is over, the accused will receive their money back.
Recording of Plea:
The accused will be questioned by the court to determine whether or not he committed the crime in the subsequent phase. The accused will be punished right away by the court if he acknowledges guilt. The court will post the case for evidence if he enters a plea of innocence.
Examining-in-chief is when the complainant presents his evidence, which is often done through an affidavit. He must present all supporting documentation, such as a bounced check cases, a dishonour memo, a copy of the notification, etc. The accused will afterwards cross-examine the plaintiff. If there are more witnesses who back up the complaint, their testimony must also be documented.
Statement of the Accused:
Following the conclusion of the testimony from the complainant, the accused will be questioned by the court about his guilt. A defendant must provide an explanation for the same.
Before the court, both the complainant and the accused will present their cases. In support of their argument, they can also provide rulings from high courts and the Supreme Court. The court is often given a written argument that summarises the oral argument.
Following the arguments, the matter is posted for decision. If the accused is found guilty, he will be sentenced to pay a fine or serve time in jail. If he’s innocent, the judge will declare him free. If the defendant is found guilty, he has 30 days to seek an appeal with the sessions court.