Cheque Bounce Case Procedure?
Bail with a surety bond
Cheque Dishonored is a criminal offense u/s 138 of NIA. To get bail. fill up a Bail Bond along with an affidavit of surety equivalent to a maximum of 20% of cheque value approx. Bail in this case is a simple process.
Bailable and non-bailable warrants
In case of non-appearance on the first date of hearing, after receiving the summons, the Honorable Court issue a bailable warrant for an appearance on the next date of hearing.
In case of further non-appearance, the Honorable Court issues nonbailable warrants, and thereafter Proclamation Offender proceeding starts on nonappearance.
If an accused wants to appear for the trial of cheque bounce case, he has to obtain either an anticipatory bail from the Session Court or he has to surrender for grant of regular bail.
Framing of charges
On appearance, charges framed against the accused and if he chooses “Not Guilty” trial of cheque bounce case starts.
Evidence with cross-examination
The Complainant has to give evidence. The Court gives an opportunity to the counsel for the accused of cross-examination of the complainant.
After evidence of the Complainant and his witnesses, the accused records his statement in court.
After hearing the last arguments, the court gives its judgment.