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How to File a case against Cheque Bounce
How To?

How to File a case against Cheque Bounce?

A cheque bounce is a commonly used term for when the cheque cannot be processed further by the bank due to a number of reasons, mainly paucity of funds in the account of the holder and other technical issues like overwriting, mismatch of amount or figures or signature, damaged cheque etc. 

By: Nasheet Hamdulay, 1st Year Student (3 Year L.L.B) from ILS Law College, Pune. 

So, what does the Act suggest? 

Section 138 of the Negotiable Instruments Act, 1881, states that the following conditions need to be fulfilled necessarily for prosecution under the Act:

  • The cheque necessarily has to be drawn on any account maintained by the drawer of the cheque.
  • The cheque necessarily has to be dishonoured by reason of insufficiency of funds in the drawer’s account.
  • The cheque necessarily has to be drawn to discharge of a debt or a legal liability.
  • That cheque has been presented to the bank within a period of three months
  • After the dishonour, a notice has to be issued to the payee from the drawer for payment of the amount giving reasonable time for the same (30 days). 

If the drawer does not make any payment within 15 days, after receiving such notice, a crime under Section 138 of the Negotiable Instrument Act, 1881 is committed. Punishment for the same can be imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both.

Wondering how to file a case against cheque bounce in India? Here’s how:

  • Step 1- Notice

Issue a notice within one month from date of return of cheque by the bankers. 
Note: Notice should be sent via Speed Post or Registered Post with acknowledgment due only. Notice serves as a record which can be admitted as evidence under Indian Evidence Act. 

  • Step 2- File a Complaint 

The complaint is to be filed before the concerned Magistrate of the area within 30 days from date of dispatch of notice.

  • Step 3- Court issues notice to accused 

The accused, on receiving the notice from the court has to appear before the court, seek for bail and contest the matter (if any)

  • Step 4- Evidence

Following can act as evidence-

  1. Cheque
  2. Memo issued by the Bank
  3. Notice served by Complainant 
  4. Documents which prove Defendant is under legal obligation to pay 
  • Step 5- Trial

Court has to take into consideration records furnished by both the parties. Complainant has to summon his records while the accused is given the opportunity to cross-examine. Thereafter, the accused can produce his evidence in order to try and quash the allegations. The Court, then proceeds to dismiss the case based on merits and arguments from both ends. 

How to file case in consumer Court?
How To?

How to file a case in Consumer Court?

The Consumer Court deals with the grievances of consumers and complaints related to services and products. The Court was established under the Consumer Protection Act, 1986 to adjudicate upon the disputes relating to defective goods and services in India. There are three levels to it, i.e. District, State and National. A consumer can file a complaint depending upon the monetary limit. 

By: Megha Gautam, 1st Year BBA-LL.b. student at Amity Law School, Noida

  • District Consumer Dispute Redressal Forum (DCRF): This forum is placed in every district and to file a claim, it should be within ₹ 20 Lakhs. An appeal can be filed in the State Consumer Dispute Redressal Commission. The fee of Court for the suits upto 1 Lakh, is none for the holders of Antyodaya Anna Yojana and otherwise, it is ₹ 100. For suits amounting upto 5 Lakhs, it is ₹ 200 and for amounts upto 10 Lakhs, it is ₹ 400. Futher, suits valued at 20 Lakhs is ₹ 500. This amount has to be submitted via a demand draft in the name of the President of DCRF, name of the district.
  • State Consumer Dispute Redressal Commission (SCDRC): It is situated in every state and entertains both original and appellate complaints. To file a claim, it should be between ₹ 20 Lakhs to ₹ 1 crore. The Court fee for complaints falling between ₹ 20 Lakhs and ₹ 50 Lakhs is ₹ 2,000 and for complaints upto ₹ 1 crore is ₹ 4,000. The submissions are made in the name of the Registrar, name of the state via a demand draft. 
  • National Consumer Disputes Redressal Commission (NCDRC): It is placed in Delhi. To claim the value should exceed 1 crore. It also caters to the appeals from SCDRC. Further, an appeal can be made in the Supreme Court relating to the order of the NCDRC. The fee for complaints is ₹ 5, ooo. The fee is to be through demand draft in the favor of the Registrar of NCDRC.

A complaint can be filed by a consumer, a voluntary consumer association (registered under Companies Act, 1956, or any law), the state or the central government and when the customer is dead then his/her legal representatives or heirs. Two conditions should be fulfilled to file a valid and substantial complaint:

  1. The complained should be lodged within 2 years from the time of action
  2. The complainant must hold legal capacity, i.e. should be a major, solvent and sane.

Following are the steps to file a complaint in the Consumer Court:

  • STEP 1: Inform via Notice 

A notice is sent to the retailer or the service provider from whom the goods have been purchased about the defective or deficiency found. This notice attempts to rectify the defective goods or services without approaching the Court.

  • STEP 2: Draft the Consumer complaint

When no compensation or remedy is provided from side of a service provider then a complaint should be filed in the Court which does not require involvement of a lawyer. It must contain following details:

  1. Name, address of both the complainant(s) and the opposite party.
  2. The date, venue and time and also the cause of action.
  3. Relevant facts of the case.
  4. The remedy or relief sort by the complainant(s).
  5. Signature as well as verification by either the complinant or his agent.
  • STEP 3: A copy of relevant documents

It is important to attach the copy of material documents to support the cause of action. It should include:

  1. A copy of receipt of delivery, bill, packaging of the product. If it is an online purchase then also attach the copy of record of booking of goods.
  2. Guarantee/warranty certificates
  3. A copy of notice posted to the seller/manufacturer and also the copy of written complaint.
  • STEP 4: Choose the appropriate forum

Depending on the monetary limit the correct forum should be approached. The value of the goods and services availed and the compensation sought help in determining the estimated value to be claimed.

  • STEP 5: Pay Court fees

The prescribed fee is submitted depending upon the forum. The fee of court is determined by the amount of compensation as well as the value of goods.  

  • STEP 6: Attach an affidavit.

A person who files a case in the Court is required to also submit an affidavit among other things. It states that the statements and facts presented are true and not fabricated.

FOLLOWING ARE THE STEPS TO FILE E-COMPLAIN:

6E3C8658-0B02-4D67-8961-06817F7814FB.png
  • STEP 2: Now click on the User login on the top right corner of the page and the below mentioned screen appears. If you have not registered yourself then you should click on the Sign Up on the page.
1BA5257B-B714-4FE3-90BA-585FBD42D437.png
  • STEP 3: After clicking on Sign up, fill the essentials like the name, mail address and password. Thereafter, click on Sign Up and a new page opens which asks for the OTP which will be received on the registered mobile number. After filling the OTP click on submit.
8E91A681-46F1-4EB2-9FEB-B65DAC6AC4BF.png
37DD4FED-EA83-4A6E-A238-79A9E68B02ED.png
  • STEP 4: Now after registration go on Sign in and fill the mail address and password. 
1BA5257B-B714-4FE3-90BA-585FBD42D437.png
  • STEP 5: After signing in a registration form appears. Fill in all the relevant details. This form actually provides for the filling of cause of action and details surrounding it. After this exercise, click on the submit button and the complaint is successfully filed.
58890AA6-6AEB-48C1-B578-3A9E31DB1C19.png
C9FAFA85-7B8D-4F42-A61A-226067FB9756.png

Procedure for E-Filing of cases before Supreme Court of India
How To?

Procedure for E-Filing of cases before Supreme Court of India

By: Dhruvika Saraswat

For e- filing firstly a person have to open the official website of Supreme Court of India.

Link is https://main.sci.gov.in/efiling.

On website there are some important qualifications are written for scanning and uploading. These are as following:

  • PDF should be scanned in A4 size only.
  • Scan should only be at 300 dpi with OCR.
  • Scanning should be done only in the form of black and white.
  • File size should always be less than 20 MB.
  • Files should not be uploaded with password protection.
  • PDF should split to achieve file size if the file size exceeds 20 MB.
  • It is not advisable to scan the image with mobile phone.

Required documents:-

  • Office Report
  • Synposis and list of dates 
  • Interlocutory order 
  • Writ petition/SLP along with affidavit 
  •  Section which a user wants to challenge
  • Annexures 
  • Application 
  • Vakalatnama 

Now click on the New Registration icon. A new user registration page will be opened as shown in the following picture.

USER REGISTRATION:

There are two type of user that can file a case either a Petitioner in Person or AOR that is Advocate on Record.

Now User has the following steps for further procedure.

  • If user is Petitioner or Respondent in Person click before the Petitioner in Person icon. A dialup box will appear where user has to fill your basic information like name, address, state, mobile no. etc.
  • If user is Advocate on Record, he has to click before AOR Number. Where on the screen he will be asked for the AOR Number.
  • User will receive a link on his email id along with the following message once he signup the registration form.
  • User will receive an email as shown below.

  • When user click on the link provided in his e-mail, password of his account will be saved.
  • By using these details user can login to file a case. After he clicks the login button, he will directly reach to the e-filing page where he will get access to the details of old cases if he has filed any case and he can also open a window for filing a new case.

Step by step procedure:

  • Step 1 Filing:- Click on the new e-filing button then fill the different details like case type and some basic information like name, gender, address, country and phone number etc. of both petitioner and respondent.
  • Step 2 Lower Court:- Now user has to fill the details of lower court like dates at lower court, name of judges of forum, judgement type, judgement challenged and even the other details relating to lower courts.

  • Step 2.1:- After filling all the required details user has to click on the complete button and his data will be saved successfully. Then click on the ok button.

  • Step 3 Index:- Now the next stage is indexing. User has to fill all the details and upload PDF with correct file size (which is mentioned) and index. He requires basic documents. And once user fills the details, click on the complete button.

  • Step 4 Additional Party and Additional Advocate:- If User has any additional party or additional advocate, he is required to fill the details for the same in their respective columns and click on complete button. This will generate a process Id.

  • Step 5 Categorization:- User has to select the category of the case whether it is civil, criminal or any other case in nature and then submit the details for the same. Case may have more than one category so there he can find other column for sub categories as well.

  • Step 6 Generate Id:- Then user has to click on the Generate Id button and he will receive the following message on screen. Then click on ok button.

  • Step 7:- User will receive a screen as display below. Afterwards, user will receive a Provisional Application Number which he can use for further references.

  • Step 8 Report:- That is for report. If User wants he can take the print of the case which was filed by him. He has to provide the Provisional Application Number in its screen. He has to click on report button then enter his Provisional Application Number and year which should be in YYYY format. Then lastly click on the Submit button.

  • Step 9 History:- Then click on the History. Here user can get the information regarding his matters which was filed by him throughout on this online platform by the means of e-filing.

  • Step 10 Cases:- This is the cases section. Here User can see the cases which are either disposed or pending.

This article is written by Dhruvika Saraswat who is a 1st year learner at University Five Year Law College (UFYLC), University of Rajasthan, Jaipur.

How to contest a false FIR against you?
How To?

How to contest a false FIR against you?

First Information Report (FIR) is a written document prepared by the police under Section 154(1) of the Code of Criminal Procedure, 1974, on receiving information regarding the commission of a cognizable offence. Only after the FIR is registered, the police starts investigation of the case and the procedure sets in motion. 

In the past few years, there has been a significant rise in the number of false FIRs being registered. Law protects such victims and provides them with several remedies. In order to safeguard oneself from a false complaint, the accused can approach the High Court by filing an application under Section 482 of the Code of Criminal Procedure and get the frivolous FIR quashed. Along with the application, one needs to produce a copy of the FIR and necessary evidence to prove their innocence.

Section 482, CrPC states:

“ Saving of inherent powers of High Court Nothing in this code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

Section 482 in The Code Of Criminal Procedure, 1973

Grounds on which an FIR can be quashed by the High Court 

  1. To secure the ends of justice.
  2. To prevent abuse of the process of any court.
  3. Where the parties have settled the disputes through compromise.
  4. Where there is no prima facie to constitute the offence so registered.
  5. Where the offence so registered is non-cognizable.
  6. Where the evidence so collected during the investigation does not disclose any kind of offence.
  7. Where it is proved that the FIR was registered with any malafide intention.

Various Stages at which a FIR can be quashed under Section 482

  1. After the registration of an FIR or before filing the charge sheet. 
  2. After filing the charge sheet and before the commencement of the trial.
  3. After the commencement of the trial.

Punishment for a person who lodges a false FIR

Once the false FIR is quashed by the High Court, the person who had lodged a false complaint can be prosecuted in the following ways:

  1. The public servant can initiate proceedings against the complainant of the false complaint under Section 182 of the Indian Penal Code, 1860. This section states that if a person knowingly gives false information to any public servant, with the intention of causing injury or annoyance to any person, he shall be punished with imprisonment up to six months, or fine upto one thousand rupees or both.
  2. The accused can file an application under Section 211 of the IPC against the complainant for knowingly registering the false complaint and intending to cause injury. Section 211 says that if a person falsely institutes criminal proceedings or falsely charges any person, knowing that there is no sufficient ground, such person shall be punished with imprisonment upto two years, or with fine, or both. It also states that if the false charge is of an offence which is punishable with death, imprisonment for life or for seven years or more, then the person making such charges shall be punished with imprisonment upto seven years and shall also liable to fine. 
  3. The accused can also file a case of defamation under Section 499 read with Section 500 of the IPC. The person who was falsely charged, after getting the false FIR quashed, can file a case for criminal defamation against the person who initiated the false charges and such person shall be held liable for imprisonment upto two years, or with fine, or both.
  4. The accused can also file a civil suit against the complainant for seeking damages and compensation. 

How to File an FIR?
How To?

How to File an FIR?

A lot of confusion revolves around what exactly is the First Information Report (FIR)? How and where is it filed? Is there any time duration to file an FIR? And so on. This article attempts to solve all your questions related to FIRs and more to give a clear picture on the steps and processes involved in filing a FIR.

FIR is an indispensable document to a criminal matter as the investigation and collection of evidence by the police officer is initiated on the basis of the FIR. It basically sets the process of law and order in motion and initiates the due legal process against a crime.

To begin with, FIR can be explained by the following-

  1. The information is given to the police officer on duty.
  2. This is the first piece of information reported regarding the crime.
  3. The information must be of a cognizable offence.
  4. The information can be given either by the aggrieved person or any other person like a witness, family member etc.

The term FIR is defined under Section 154 of the Code of Criminal Procedure, 1973 as below-

  1. The nature of the crime which is reported in the FIR should be cognizable. Only when the offence is cognizable, a FIR would be lodged. The information must be in writing, or if it is given orally, it shall be reduced to writing by the officer-in-charge of the police station and must be read over to the informant. The FIR shall be signed by the informant and the record shall be entered into the book of the officer at the police station.
    The reduction of oral statement to writing and signature by the informant on the same is taken to discourage false, vague and irresponsible statements made by informants and placing responsibility upon them for the statement they make.If the informant refuses to sign the FIR, he would be punishable of offence under Section 180 of IPC.
  2. The copy of the information is given to the informant for free of cost.
  3. If the officer-in-charge of the police station refuses to lodge FIR, the aggrieved informant may send the information to the SP. And, if the SP is satisfied that all essentials of the information are fulfilled to be FIR then either he can investigate the case himself or direct the police officer subordinate to him to investigate the case.

The FIR can be filed by any person who is aware of that offence. He does not necessarily have to be victim, injured or eye-witness of the offence. The informant can lodge FIR on hearsay information and is not required to have first-hand knowledge of the facts.

The FIR has to be filed in the police station within whose jurisdiction the cognizable offence has been committed. If the FIR has been filed in a police station that does not have jurisdiction over the offence, it can initially be filed there and then be transferred to the police station of appropriate jurisdiction. This is known as Zero FIR. It is filed irrespective of the jurisdictional limitations and location of the offence to avoid delay in filing the crime and to avoid wastage of time which in turn may affect the whole process of investigation and collection of evidence.

The golden principle with respect to FIR is that it should always be filed at the very first instance without wasting any time. The instant filing of the FIR has some advantages and helps in the trial of the offence in the following ways-

  1. It gains credibility as report filed with delay may be incorrect or missing out on some important information
  2. The chances for tampering of evidences reduce.
  3. Delay in filing FIR causes suspicion.
  4. The Witnesses would be able to freshly recall the incident without any variances.

To help those victims who are not able to personally visit the police station due to travel constraints, bodily injury, saving oneself from shame or any other case, the government has introduced the concept of e-FIR.

An e-FIR can be filed for any cognizable offence on the online portal which differs from state to state. Some states have adopted the system of e-FIR and have created platforms for the same, while in some states, the concept of e-FIR is still not present or is under development.

To give an idea of how an e-FIR portal looks, some links have been provided for the reader’s reference-

  1. Delhi e-FIR system
  2. Himachal Pradesh e-FIR system
  3. Haryana e-FIR system
  4. Jharkhand e-FIR system
  5. Odisha e-FIR system

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