Complaint and cognizance
The complainant files the complaint with supporting material. The Magistrate considers the complaint and applicable procedural requirements before proceeding.
Summons and appearance
If process is issued, the accused is summoned. The court records appearance and addresses the applicable bond or bail requirements.
Plea and trial mode
The accusation is explained in accordance with the applicable procedure. Section 143 permits summary trial of Section 138 cases, subject to statutory conditions and judicial discretion.
Complainant evidence
Section 145 allows evidence of the complainant to be given by affidavit, subject to the court’s power and the accused’s statutory opportunity to seek examination.
Cross-examination
An application under Section 145(2) may be used to seek examination of the complainant or relevant witness. Questions should address material disputed issues, not be a generic script.
Accused examination and defence
The court follows the applicable procedure for putting incriminating circumstances to the accused and permitting defence evidence where appropriate.
Final arguments and judgment
The court evaluates statutory ingredients, presumptions, rebuttal evidence and the entire record before deciding the case.
After judgment
Depending on the result, proceedings may involve sentence, compensation, compounding, suspension of sentence, appeal or other lawful remedies.
CrPC/BNSS applicability can depend on commencement and savings provisions. Check the procedural law governing the specific case.
PROFESSIONAL INFORMATION
Need guidance on your matter?
Explore the profile of Advocate Javed Ahmad or use the contact options if you need to discuss a specific cheque bounce issue.
About Advocate Javed Ahmad →