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Cheque Bounce and Section 138 NI Act: Detailed Legal Analysis with Recent Case Law By Abhishek Jat, Advocate, Gwalior High Court What is Cheque Bounce? A cheque bounce, or dishonour of cheque, happens when a cheque presented to the bank is returned unpaid. The most common reason is insufficient funds in the account, but other grounds include mismatched signatures, overwriting, stale or post-dated cheques, or stop-payment instructions. Cheque bounce disrupts financial reliability and can have serious legal consequences for the drawer, especially under Indian law. Legal Framework: Section 138 of the Negotiable Instruments Act Section 138 of the Negotiable Instruments Act, 1881, criminalizes the act of issuing a cheque that is dishonoured for insufficient funds or if it exceeds the arrangement with the bank. The law aims to ensure the credibility of cheque transactions and penalize those who issue cheques without maintaining adequate funds. The penalty can include imprisonment up to two ...

  Stages of a Criminal Trial in India (Sessions & Magistrate Trial) By Advocate Abhishek Jat A criminal trial in India follows a structured legal process to ensure justice is served. The trial is conducted either in a Magistrate Court (for less serious offenses) or a Sessions Court (for more serious crimes). Here’s a breakdown of the key stages in a criminal trial: 1. FIR & Investigation The trial process begins with the registration of a First Information Report (FIR) under Section 173 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) . Once an FIR is filed: The police initiate an investigation , which includes collecting evidence, recording witness statements, and arresting the accused (if required). Based on the findings, the police submit either a charge sheet (if enough evidence is found) or a closure report (if no substantial evidence is available). 2. Cognizance & Framing of Charges The Magistrate or Sessions Court takes cognizance of the offens...