COURT PROCEDURE

What Is the Procedure in a Cheque Bounce Case?

A Section 138 case is generally tried as a summons case, with statutory provisions that support summary trial and affidavit evidence. Actual court steps depend on the case record and orders.

Content review date: 17 October 2026

Court procedure in a cheque bounce matter
Illustrative visual for general legal education. Check the applicable statute and current judgments for case-specific decisions.
Important: This page is general legal information. Check the current statute, binding judgments and facts of the individual case before taking action.

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.

Practical takeaway

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.

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PROFESSIONAL LOCATION

Advocate Javed Ahmad

Chamber No. D-522(B), Karkardooma Court, Shahdara, Delhi – 110032

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