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The
court will not take cognizance of any offence unless
The
payee or holder in due course of the cheque makes a complaint in writing.
The payee cannot lodge a complaint after the completion of one month from the
date on which the cause of action arose.
A complaint can be filed through Power of Attorney, agents of the payee or holder
in due course
A complaint has to be
filed in writing alongwith the list of witnesses and the list of documents.
WHERE
TO FILE THE COMPLAINT A complaint can be filed in a court within the jurisdiction
of which-
a. The cheque has been drawn b.
The place where the cheque is presented for collection c. The place where it
is received after endorsement d. The place where cheque is dishonoured.
The
offence shall not be triable by any court inferior to that of a Metropolitan Magistrate
or Judicial Magistrate of the first class.
LIMITATION A
complaint has to be filed within one month of the date on which the cause of action
arise i.e. within 45 days of the offender receiving the notice to make payment.
PROCEDURE ON RECEIPT OF THE COMPLAINT
If
the magistrate is of the opinion that there are sufficient grounds for proceeding
he shall call the complainant for pre summoning evidence and the necessary documents
are exhibited.
Thereafter summons are
issued for the attendance of the accused and the witnesses.
The
evidence of the witnesses is recorded.
The
particulars of the offence are stated to the accused, and he shall be asked whether
he pleads guilty or has any defence to make.
If
he accused pleads guilty, the magistrate shall record the plea and convict him.
If
the accused does not plead guilty the Magistrate shall proceed to hear the complainant
and the accused and take all the evidence as may be produced by both.
On
the hearing and evidence the Magistrate shall pass the order of conviction or
acquittal.
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