In a cheque bounce case under Section 138 of the Negotiable Instruments Act, various interlocutory and procedural applications are filed by both the complainant (payee) and the accused. These applications dictate the flow of the trial, secure compensation, and ensure the rights of the parties involved are protected. [1, 2, 3, 4] 


The most common applications filed during these proceedings include:


1. Applications by the Complainant

• Application for Interim Compensation (Section 143A): Filed by the complainant to request the court to direct the accused to pay up to 20% of the cheque amount as interim compensation during the trial.
• Application for Condonation of Delay: If the complaint or legal notice was not filed within the prescribed statutory time limits, this application is filed to request the court to excuse the delay.
• Application for Summary/Expedited Trial (Section 143): Filed to request that the case be tried in a summary manner, allowing for a faster resolution of the dispute.

2. Applications by the Accused

• Application for Bail/Exemption from Personal Appearance: Filed when the accused receives a summons to secure bail or seek permanent/temporary exemption from appearing physically before the Magistrate for every hearing.
• Application for Compounding the Offence (Section 147): Filed jointly by both parties or by the accused if a settlement is reached. It requests the court to close the case because the parties have mutually resolved the dispute.
• Application for Re-call/Cross-examination of Witnesses: Filed under Section 145(2) to seek permission to cross-examine the complainant or their witnesses regarding the contents of their affidavit of evidence.
• Application for Sending Cheque to Forensic Expert: Filed to request the court to send the cheque to a government handwriting expert to verify the signature or the handwriting on the instrument if forgery is alleged.
• Application for Examination of Defence Witnesses: Filed to summon and record statements of witnesses who can support the accused’s defense (e.g., proving the absence of a legally enforceable debt).

3. Procedural Applications (Either Party)

• Application for Production of Documents / Summoning Witnesses: Filed to direct the opposing party, banks, or other institutions to produce crucial evidence (e.g., bank account statements, account opening forms).
• Application for Amendment of Complaint: Filed to correct minor clerical errors or typos in the original complaint.

To better understand your situation and determine which application might be necessary, share or talk to your advocate on below:

• Are you the complainant or the accused?
• What stage of the trial is the case currently in (e.g., summoning, evidence, or arguments)?

Let me know if you would like to explore the specifics of any of these applications.

More on 99888-17966

[1] https://www.scribd.com/document/982868526/cheque-bounce-case-applications
[2] https://www.scribd.com/document/764631505/STAGES-OF-CHEQUE-BOUNCE-CASE-STEP-BY-STEP
[3] https://legalbots.in/blog/how-to-file-a-cheque-bounce-complaint-in-india
[4] https://www.palshikarlegal.in/2024/11/23/procedure-of-cheque-return-case-under-section-138-of-the-negotiable-instruments-act-1881/
[5] https://kapildixitco.com/cheque-bounce-case-in-india/
[6] https://ibclaw.in/bajaj-constructions-vs-the-state-of-maharashtra-and-ors-bombay-high-court/
[7] https://www.manupatrafast.com/NewsletterArchives/listing/Induslaw/2018/October-2018%20–%20Negotiable%20Instruments%20Amendment%20Act%202018.pdf
[8] https://cleartax.in/s/condonation-of-delay
[9] https://www.scribd.com/document/649045455/10-Application-for-condonation-of-delay-in-filing-the-application-for-Revision-before-the-Honble-High-Court-CourtSessions-Court-watermark
[10] https://www.corplawupdates.in/glossary
[11] https://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3451584
[12] https://indiankanoon.org/doc/164047007/
[13] https://vakilsearch.com/article/section-138-ni-act-cheque-bounce-laws/
[14] https://indiankanoon.org/doc/72908223/
[15] https://supremetoday.ai/issue/section-145-ni-act-affidavit-validity
[16] https://corpbiz.io/learning/cheque-bounce-case-stages/