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Cheque bounce case i am the accused
26-Aug-2026 (In Cheque Bounce Law)
I had bought a house and there was pending work where the cheque was given as security now the builder is not ready to complete the pending work and out a cheque bounce case on me
not it is stage of cross examination and my lawyer has missed last 3 hearding can i make it party in person and do the cross examination
You cannot conduct a cross-examination again automatically if you missed it, but you can request the court to recall and re-examine the witness by filing a formal applicatio
.File an Application: You must file a formal petition or application before the court to reopen the evidence and recall the witness. In civil cases, this falls under the Code of Civil Procedure (CPC), and in criminal cases under provisions like Section 311 of the CrPC/BNSS
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Adv. Dhanalakshmi U
Adv. Dhanalakshmi U
Bangalore / Bengaluru | 5+ Answers
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Dear Sir
Yes you can certainly appear party in person and conduct the cross examination yourself after revoking your current advocate vakalatnama by filing an application seeking permission from the court to represent your own case
​Since the case involves a cheque given as security for pending work by the builder under Section 138 of the Negotiable Instruments Act you have strong defense grounds to prove that there was no existing legally enforceable debt or liability at the time of dishonour
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Adv. Kishan Dutt Kalaskar
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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Yes, you can generally seek permission from the Court to appear and conduct the case as a Party-in-Person. However, since an advocate is already appearing for you, it is advisable to take appropriate steps regarding the existing vakalatnama and file an application seeking permission to appear in person. Since your advocate has missed three consecutive hearings, first verify from the order sheets whether the opportunity for cross-examination has already been closed. If the cross-examination has been closed, an appropriate application may be filed requesting the Court to reopen/recall the opportunity, subject to the Court’s discretion. In a cheque bounce case, cross-examination is very important, so it would be safer to take assistance from an experienced advocate. You should also keep ready all documents showing that the cheque was given only as security and that the builder failed to complete the agreed pending work.
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Adv. Sadanand G Kumbar
Adv. Sadanand G Kumbar
Bijapur | 25+ Answers
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Right to Appear in Person: Under Section 303 of the Code of Criminal Procedure (CrPC) / corresponding provisions in the Bharatiya Nagarik Suraksha Sanhita (BNSS), an accused has the right to be defended by a pleader, but they can also request the court's permission to address the court or conduct proceedings/cross-examination themselves if they choose not to rely entirely on their lawyer.
Changing or Addressing the Lawyer: If your current lawyer has missed the last three hearings, you should seriously consider changing your counsel or filing an application for change of advocate (No Objection Certificate / NOC from the previous lawyer) to avoid further prejudice to your case.
Filing an Application: You need to move an appropriate application before the Magistrate/Court explaining the absence of your previous counsel and seeking permission to represent yourself in person or substitute a new lawyer immediately.
Security Cheque Defense: In Section 138 Negotiable Instruments Act (cheque bounce) cases, cross-examining the complainant on whether the cheque was given merely as a security for incomplete work is crucial for your defense.
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Adv. Dhruv. K
Adv. Dhruv. K
Bangalore / Bengaluru | 100+ Answers
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Usually, the cross examination requires the special expertise, and it is recommended that you should proceed with a lawyer so that the role of cross examination can be done effectively bhaiya new Lawyer
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Adv. Bharat Kumar
Adv. Bharat Kumar
Bangalore / Bengaluru | 25+ Answers
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