Procedure with the 1st court session in cheque bounce matter
27-Oct-2023 (In Cheque Bounce Law)
After issuing a notice and lodging cheque bounce case in court, What are the steps going with in 1st court session??
1st day you have to appear and have to obtain bail with acceptable sureity to the court. Court will record the statement. Evidwmce will go on from both the side. Further More assistant and information contact me
Firstly you need yo file the petition before judge ... Then next date will bd given for sworn statement ... Then PCR number will be given and in the next date of hearing you need to sworn statement wherein you need to give all original documents to the court and court will issue summons to the accused
Dear client,
Hope you have filed a complaint before metropolitan magistrate 1st class as per the law. Following is a brief summary of procedure of court in the matter of cheque dishonour.
(i) Issue of summon-Please note that after taking the case, the court issues a summon to the defendant, if the defendant receives the notice, then he/she has to appear before the court, if the defendant does not appear before the court then a warranty will be issued.
(ii) Plea of guilty- the defendant/accused party has to appear before the court through an advocate and seek for the bail. Thereafter, the court provides an opportunity to plead guilty or not. If the defendant/accused party doesn’t plead guilty then complainant shall be asked to submit evidence.
(iii) Evidence by complainant- the complainant shall be required to furnish the evidence either by affidavit or documentary evidence marked as supportive documents for the case.
(iv) Cross examination of the complainant- the counsel/lawyer of the accused/defendant shall cross examine the complainant or the evidence submitted by it.
(v) Statement – the magistrate will ask a few questions to the accused and record his/her statement and will also ask him if he wants to lead any evidence.
(vi) Evidence by the accused- the accused shall be provided an opportunity to furnish evidence in his/her defense, and mark the supporting documents.
(vii) Cross examination of the accused- the attorney of the complainant shall cross examine the accused and the evidence submitted by it.
(viii) Argument- both of the counsels of parties will do argument presenting side of their client in the court.
(ix) Judgement- the court will pronounce judgement after hearing argument of both counsels.
Hope this clarifies your query.
Best regards,
Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.
Hope you have filed a complaint before metropolitan magistrate 1st class as per the law. Following is a brief summary of procedure of court in the matter of cheque dishonour.
(i) Issue of summon-Please note that after taking the case, the court issues a summon to the defendant, if the defendant receives the notice, then he/she has to appear before the court, if the defendant does not appear before the court then a warranty will be issued.
(ii) Plea of guilty- the defendant/accused party has to appear before the court through an advocate and seek for the bail. Thereafter, the court provides an opportunity to plead guilty or not. If the defendant/accused party doesn’t plead guilty then complainant shall be asked to submit evidence.
(iii) Evidence by complainant- the complainant shall be required to furnish the evidence either by affidavit or documentary evidence marked as supportive documents for the case.
(iv) Cross examination of the complainant- the counsel/lawyer of the accused/defendant shall cross examine the complainant or the evidence submitted by it.
(v) Statement – the magistrate will ask a few questions to the accused and record his/her statement and will also ask him if he wants to lead any evidence.
(vi) Evidence by the accused- the accused shall be provided an opportunity to furnish evidence in his/her defense, and mark the supporting documents.
(vii) Cross examination of the accused- the attorney of the complainant shall cross examine the accused and the evidence submitted by it.
(viii) Argument- both of the counsels of parties will do argument presenting side of their client in the court.
(ix) Judgement- the court will pronounce judgement after hearing argument of both counsels.
Hope this clarifies your query.
Best regards,
Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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