The procedure for a cheque bounce case in India is as follows:
The complainant, who is the person to whom the cheque was issued, must first serve a legal notice to the drawer of the cheque, giving them 15 days to pay the amount stated on the cheque or provide a valid reason for the dishonor of the cheque.
If the drawer of the cheque does not pay the amount or provide a valid reason within 15 days, the complainant can file a complaint with the police under Section 138 of the Negotiable Instruments Act, 1881.
The police will then investigate the matter and, if they find sufficient evidence, they will file a charge sheet against the drawer of the cheque.
The case will then be heard in a magistrate’s court. The complainant will need to provide evidence that the cheque was issued to them, that it was presented for payment and that it was dishonored by the bank.
The court will hear both sides of the case and decide whether the drawer of the cheque is guilty or not guilty of the offense.
If the court finds the drawer of the cheque guilty, they may be punished with imprisonment for a term up to two years, or with a fine, or with both.
It is recommended that you seek legal counsel to help you navigate the process and present your case in court.
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