LEGISLATIONS INVOLVED IN THE CASE

Since dishonour of a Cheque is criminal offence under Section 138 of the Negotiable
Instruments Act 1881, The Code of Criminal Procedure as a main legislation on procedure for
administration of substantial criminal law in India gets invoked as it provides the machinery
for the investigation of the crime, apprehension of suspected criminals, collection of evidence,
determination of guilt or innocence of the person and the determination of the punishment for
the guilty. CRPC ACT’s involved in the case are: -
 Section 138 in The Code of Criminal Procedure, 19731
Procedure where he appears to show cause.
(1) If the person against whom an order under section 133 is made appears and shows cause
against the order, the Magistrate shall take evidence in the matter as in a summons- case.
(2) If the Magistrate is satisfied that the order, either as originally made or subject to such
modification as he considers necessary, is reasonable and proper, the order shall be made
absolute without modification or, as the case may be, with such modification.
(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.
 Section 200 in The Code of Criminal Procedure, 19732
Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall
examine upon oath the complainant and the witnesses present, if any, and the substance of such
examination shall be reduced to writing and shall be signed by the complainant and the
witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing,
the Magistrate need not examine the complainant and the witnesses-
(a) If a public servant acting or- purporting to act in the discharge of his official duties or a
Court has made the complaint; or
(b) If the Magistrate makes over the case for inquiry or trial to another Magistrate under section
192: Provided further that if the Magistrate makes over the case to another Magistrate under
section 192 after examining the complainant and the witnesses, the latter Magistrate need not
re- examine them.

 Section 139 in The Code of Criminal Procedure, 19733

Power of Magistrate to direct local investigation and examination of an expert. The Magistrate
may, for the purposes of an inquiry under section 137 or section 138-
(a) direct a local investigation to be made by such person as he thinks fit; or
(b) summon and examine an expert.

 Section 313(1)(b) in The Code of Criminal Procedure, 19734

After the witnesses for the prosecution have been examined and before he is called on for his
defence, question him generally on the case: Provided that in a summons- case, where the Court

1
https://indiankanoon.org/doc/1834702/

2
https://indiankanoon.org/doc/444619/

3
https://indiankanoon.org/doc/1410313/

4
https://indiankanoon.org/doc/886494/
has dispensed with the personal attendance of the accused, it may also dispense with his
examination under clause (b).
 Section 255(1) in The Code of Criminal Procedure, 19735
(1) If the Magistrate, upon taking the evidence referred to in section 254 and such further
evidence, if any, as he may, of his own motion, cause to be produced, finds the accused
not guilty, he shall record an order of acquittal.

NOTICE PROCEDURE6
 The payee or holder in due course should have issued a notice in writing to the drawer within
30 days of the receipt of information by him from the Bank regarding the return of the cheque
as unpaid.
 After receipt of the said notice from the holder in due course, the drawer should have failed to
pay the cheque within 15 days of receipt of the said notice.
 The payee or holder then has 30 days for filing the case in the court.

5
https://indiankanoon.org/doc/1454285/

6
https://indiankanoon.org/doc/93953827/