Meaning:

Cyber crime is any unlawful act involving computers, digital networks, or the internet.
It includes unauthorized access, data theft, financial fraud, defamation, and online harassment.

Types of Cyber Crimes

How to Protect / Rescue Yourself

1️. Technical Safety Measures

• Use strong passwords and two-factor authentication.
• Keep your software, apps, and antivirus updated.
• Avoid clicking on unknown links or attachments.
• Logout from accounts after use, especially on shared devices.
• Use secured Wi-Fi and avoid public networks for transactions.

2️. Social & Legal Protection

• Don’t share personal details or photos with strangers online.
• If you receive threats, blackmail, or scam messages, take screenshots and report.
• File a cyber complaint on
  🔗 https://cybercrime.gov.in (National Cyber Crime Reporting Portal).
• You can also report to nearest Cyber Police Station or dial 1930 (Cyber Helpline).
• For social media abuse, report directly to platforms like Facebook, Instagram, X (Twitter).

3️. Legal Remedies

• IT Act, 2000 governs cyber offences.
• CrPC provisions allow investigation and prosecution.
• Victims can seek compensation under Section 43A IT Act for data loss or privacy breach.

Key Cyber Crime Judgments (India)

If You’re a Victim

1. Stay calm — don’t delete evidence.
2. Collect proof — screenshots, emails, chat logs.
3. File a cyber complaint online or at cyber cell.
4. Inform your bank immediately (in financial frauds).
5. Change passwords and secure your accounts.

In Short

Cyber Crime is any offence using a computer or digital device.

Rescue yourself by maintaining digital hygiene, being alert, and using official cybercrime.gov.in or 1930 helpline for redressal.

Meaning:

An Arbitrator is a neutral person chosen by disputing parties to settle disputes outside the court, under the Arbitration and Conciliation Act, 1996.
He/she performs a judicial function in a private capacity, ensuring fair hearing, evidence evaluation, and passing of an Arbitral Award that is binding on both parties.

Governing Law:

The Arbitration and Conciliation Act, 1996 (based on UNCITRAL Model Law)

Important Sections:

Role and Duties of an Arbitrator:

1. Conduct proceedings impartially
2. Hear both parties and consider evidence
3. Ensure confidentiality of proceedings
4. Apply contractual and legal principles
5. Deliver a reasoned award within prescribed time
6. Uphold natural justice and fairness

Landmark Judgments on Arbitrator in India

1. ONGC Ltd. v. Saw Pipes Ltd. (2003) 5 SCC 705

• Facts: Arbitrator awarded damages to contractor (Saw Pipes) despite contract prohibiting such payment.
• Principle: An arbitral award can be set aside if it is patently illegal or contrary to the terms of the contract or public policy.
• Significance: Expanded court’s power under Section 34 to review arbitral awards.

2. Bharat Aluminium Co. (BALCO) v. Kaiser Aluminium Technical Services Inc. (2012) 9 SCC 552

• Facts: Issue of whether Part I of the Arbitration Act applies to foreign-seated arbitrations.
• Principle: Part I of the Act does not apply to foreign-seated arbitrations.
• Significance: Clarified jurisdiction of Indian courts in international arbitration.

3. Perkins Eastman Architects DPC v. HSCC (India) Ltd. (2019) 9 SCC 377

• Facts: One party had the right to appoint a sole arbitrator (its own officer).
• Principle: A party interested in the dispute cannot unilaterally appoint the sole arbitrator.
• Significance: Reinforced the impartiality and independence of arbitrators.

4. TRF Ltd. v. Energo Engineering Projects Ltd. (2017) 8 SCC 377

• Facts: Managing Director of a company was named as the sole arbitrator.
• Principle: A person who is ineligible to be an arbitrator cannot nominate another arbitrator.
• Significance: Strengthened fairness in arbitration appointments.

5. Associate Builders v. DDA (2015) 3 SCC 49

• Facts: Dispute over the scope of interference by courts under Section 34.
• Principle: Courts can set aside an award only if it violates public policy, natural justice, or fundamental legal principles.
• Significance: Narrowed judicial interference; promoted autonomy of arbitral process.

Conclusion:

An Arbitrator acts as a private judge ensuring speedy, fair, and cost-effective justice outside the traditional court.
Indian courts have consistently balanced party autonomy with judicial oversight to maintain fairness and credibility in arbitration.

In Short Table:

A Local Commissioner (LC) is an officer appointed by the court to assist it in gathering evidence or conducting certain fact-finding tasks outside the courtroom, such as inspecting a site, verifying records, or executing a commission.

The LC acts as an “extended arm of the court” — not as an advocate for either party, but as a neutral fact-finder.

Legal Basis

• Order XXVI, Code of Civil Procedure, 1908 (CPC) – governs Commissions.
• Sections 75–78 CPC provide the power to issue commissions.
• Order 26 Rules 9, 10, 10A, 11, 12, etc. explain the procedure and scope.

When & Why LC Is Appointed

The Court may appoint a Local Commissioner for several reasons, such as:

Who Appoints the LC

• The Court itself (Civil Judge, District Judge, or High Court) appoints the Local Commissioner.
• Appointment may be made:
  • Suo motu (by the court on its own), or
  • On application of either party (plaintiff or defendant).

Who Can Be Appointed as LC

Usually:

• An Advocate practicing in that jurisdiction (impartial and experienced), or
• A Government officer / technical expert, depending on the nature of inspection (e.g., engineer, surveyor, accountant).

The LC must be neutral and not connected with either party.

Procedure for Appointment

1. Application Filed:
   • A party (plaintiff or defendant) files an application under Order 26 CPC requesting appointment of LC.
   • The application must specify:
     • Purpose (inspection, evidence, accounts, etc.)
     • Reasons why LC is necessary
     • Proposed person’s name (optional)
2. Notice to Opposite Party:
   • The court usually issues notice to the other side before appointing LC (unless urgent).
3. Court’s Order:
   • The judge passes an order appointing LC with clear terms:
     • Scope of inquiry (what to inspect, record, measure)
     • Time period
     • LC’s fee (called commissioner’s fee)
     • Deadline for submitting report
4. LC’s Work:
   • LC visits site / conducts examination / records evidence.
   • Prepares a Local Commissioner’s Report (with photographs, maps, signatures, etc.).
   • Submits it to the court within the specified time.
5. Filing of Report:
   • The report is placed on record.
   • Both parties can file objections to it if they disagree.
6. Consideration by Court:
   • The court considers the LC report, objections (if any), and may:
     • Accept the report, or
     • Modify it, or
     • Direct a fresh commission.

Why LC Is Important

• Helps the court ascertain factual conditions on-site.
• Saves time and judicial effort.
• Prevents parties from tampering with evidence or misrepresenting facts.
• Ensures transparency — as LC works under court direction.

Key Case Laws

In Summary

Meaning

• Res Judicata literally means “a matter already judged.”
• It prevents the same dispute (same parties, same subject matter) from being relitigated once it has been finally decided by a competent court.
  Essential Ingredients (Section 11, CPC)

1. Matter directly and substantially in issue – Must have been in issue in the former
   suit.
2. Same parties – Both suits must involve the same parties (or their representatives).
3. Same title – Parties must have litigated under the same title (capacity, right, or
   interest).
4. Competent Court – The former court must have been competent to try the
   subsequent suit.
5. Final decision – The matter must have been heard and finally decided.
6. Directly and substantially – The issue must not be merely collateral or incidental.

Illustration

• If A sues B for ownership of land and loses, A cannot bring another suit against B
  claiming the same land again under the same title.

Doctrinal Basis

• Based on two maxims:
  o Nemo debet bis vexari pro una et eadem causa → No one should be vexed
  twice for the same cause.
  o Interest reipublicae ut sit finis litium → It is in public interest that litigation
  must come to an end.

Please check the PDF documents below for more details.

Criminal law in India deals with offences against society, where the State prosecutes the accused. The types of criminal suits are largely determined by procedure, nature of offence, and trial type.

1. Based on Cognizability

2. Based on Bailability

3. Based on Compoundability

4. Based on Type of Trial

5. Special Suits (Complaints)

6. Classification by Punishment

7. Victim-Oriented Changes in BNSS

• Victim has right to be heard at bail stage (Sec. 479 BNSS).
• Victim entitled to free copy of FIR, chargesheet, judgement digitally.
• Witness protection & video-recorded statements mandatory in sexual offence cases.

Key Takeaways

• Substance same, procedure modernized: BNSS doesn’t radically alter types of criminal suits from CrPC, but digitizes processes and introduces strict timelines.
• Summary trial widened: Petty offences up to 3 years punishment can now be disposed quickly.
• Victim empowerment: Victim rights formally recognized in bail, trial, and access to case documents.
• Technology integrated: E-FIR, e-summons, video trials, digital records are default.

So, in essence, types of criminal suits remain: Cognizable/Non-cognizable, Bailable/Non-bailable, Compoundable/Non-compoundable, and categorized by trial procedure.
The BNSS (2023) mainly strengthens digital justice, timelines, and victim rights while carrying forward the CrPC framework.

Meaning

“Quashing of FIR” means that the High Court cancels or sets aside a First Information Report (FIR) or criminal proceedings because the complaint:

• does not disclose any offence,
• is malicious or false, or
• is an abuse of the process of law.

Legal Provision

Section 482 of the Code of Criminal Procedure, 1973 And Section 528 In BNSS.

“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
(a) to give effect to any order under this Code,
(b) to prevent abuse of the process of any Court, or
(c) to secure the ends of justice.”

Section 482 CrPC/528 BNSS gives the High Court inherent power to quash FIRs or criminal proceedings when justified.

When FIR Can Be Quashed

Procedure to File Petition for Quashing FIR

1. File a Petition under Section 482 CrPC/528 BNSS before the High Court having jurisdiction.
2. Annex Documents: FIR copy, charge sheet (if filed), and relevant papers.
3. Serve Notice to the State/Prosecution.
4. Hearing: Both sides argue; Court examines whether FIR discloses any offence.
5. Order: Court may
   1. Quash the FIR / proceedings, or
   1. Dismiss the petition and allow trial to continue.

Landmark Judgments on Quashing of FIR

Bhajan Lal 7 Grounds (Classic Guidelines)

The Supreme Court in State of Haryana v. Bhajan Lal (1992) laid down 7 key categories where FIR can be quashed:

1. FIR does not disclose any cognizable offence.
2. Allegations are absurd or inherently improbable.
3. No legal evidence to support allegations.
4. Allegations made to harass or maliciously prosecute.
5. There is an express legal bar to proceedings.
6. FIR is filed for ulterior motives.
7. Civil nature of dispute disguised as criminal offence.

Illustrative Example

Case Example:
A files FIR against B alleging cheating (Section 420 IPC) because B failed to pay ₹2 lakh in a business transaction.
This is a civil dispute (breach of contract), not a criminal offence.
High Court may quash FIR as abuse of process, relying on Zandu Pharmaceutical and Bhajan Lal principles.

Key Points to Remember

• High Courts use Section 482 CrPC sparingly and cautiously.
• Investigation should not be halted unless FIR is clearly frivolous or illegal.
• Compromise-based quashing allowed only in personal/civil-type offences, not in serious crimes.
• FIR cannot be quashed at investigation stage unless allegations are manifestly false.

Summary Table

What is Quashing of FIR

Meaning

“Quashing of FIR” means that the High Court cancels or sets aside a First Information Report (FIR) or criminal proceedings because the complaint:

• does not disclose any offence,
• is malicious or false, or
• is an abuse of the process of law.

Legal Provision

Section 482 of the Code of Criminal Procedure, 1973 And Section 528 In BNSS.

“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
(a) to give effect to any order under this Code,
(b) to prevent abuse of the process of any Court, or
(c) to secure the ends of justice.”

Section 482 CrPC/528 BNSS gives the High Court inherent power to quash FIRs or criminal proceedings when justified.

When FIR Can Be Quashed

Procedure to File Petition for Quashing FIR

1. File a Petition under Section 482 CrPC/528 BNSS before the High Court having jurisdiction.
2. Annex Documents: FIR copy, charge sheet (if filed), and relevant papers.
3. Serve Notice to the State/Prosecution.
4. Hearing: Both sides argue; Court examines whether FIR discloses any offence.
5. Order: Court may
   1. Quash the FIR / proceedings, or
   1. Dismiss the petition and allow trial to continue.

Landmark Judgments on Quashing of FIR

Bhajan Lal 7 Grounds (Classic Guidelines)

The Supreme Court in State of Haryana v. Bhajan Lal (1992) laid down 7 key categories where FIR can be quashed:

1. FIR does not disclose any cognizable offence.
2. Allegations are absurd or inherently improbable.
3. No legal evidence to support allegations.
4. Allegations made to harass or maliciously prosecute.
5. There is an express legal bar to proceedings.
6. FIR is filed for ulterior motives.
7. Civil nature of dispute disguised as criminal offence.

Illustrative Example

Case Example:
A files FIR against B alleging cheating (Section 420 IPC) because B failed to pay ₹2 lakh in a business transaction.
This is a civil dispute (breach of contract), not a criminal offence.
High Court may quash FIR as abuse of process, relying on Zandu Pharmaceutical and Bhajan Lal principles.

Key Points to Remember

• High Courts use Section 482 CrPC sparingly and cautiously.
• Investigation should not be halted unless FIR is clearly frivolous or illegal.
• Compromise-based quashing allowed only in personal/civil-type offences, not in serious crimes.
• FIR cannot be quashed at investigation stage unless allegations are manifestly false.

Summary Table

In civil cases, a rebuttal refers to the evidence or argument presented by one party to counter or disprove the evidence, claims, or witnesses produced by the opposing party.

Let’s break it down clearly

Meaning of Rebuttal

A rebuttal means to contradict, deny, or disprove something stated by the opposite side.
It usually comes after the defendant’s evidence, when the plaintiff is given a chance to produce rebuttal evidence to meet any new points raised by the defendant.

Stage of Rebuttal in Civil Trials

In a civil case under the Code of Civil Procedure (CPC), 1908, the general order of trial is:

1. Plaintiff’s evidence (to prove his case)
2. Defendant’s evidence (to disprove plaintiff’s case or prove his defence)
3. Rebuttal evidence by the plaintiff, if allowed by the court

The rebuttal comes after the defendant’s evidence but before final arguments.

Purpose of Rebuttal

• To contradict or explain evidence produced by the opposite side.
• To clarify disputed facts that arose during the defence evidence.
• To neutralize the impact of any new material or facts introduced by the defendant.

 Legal Basis

While CPC doesn’t specifically use the term “rebuttal,” the concept is recognized under the Indian Evidence Act, 1872, particularly:

• Section 101–103: Burden of proof
• Section 114: Court’s power to presume based on rebuttal evidence
• Section 155: Impeaching the credit of a witness

The right to rebut is also procedural, controlled by the court’s discretion under Order XVIII Rule 3 CPC.

Order XVIII Rule 3 CPC — Key Rule

“The party beginning (plaintiff) shall have the right to reply generally on the whole case after the other party has produced evidence.”

This rule allows the plaintiff to lead rebuttal evidence only on those points which the defendant has raised in his evidence.

Example

Case: A sues B for ownership of land.

• Plaintiff’s evidence: A produces sale deed.
• Defendant’s evidence: B claims the deed is forged and presents handwriting expert report.
• Rebuttal: A may produce another expert or witnesses to prove the signature is genuine — this is rebuttal evidence.

Types of Rebuttal

Important Points

• Rebuttal is not a chance to fill gaps in your original case.
• It is allowed only to counter new points raised by the other side.
• The court has discretion to allow or restrict rebuttal evidence.

Important and landmark judgments that explain the scope, right, and limits of rebuttal evidence in civil cases under the Code of Civil Procedure (CPC), 1908.

Landmark Judgments on Rebuttal Evidence in Civil Cases

Key Legal Principles Summarized

1. Rebuttal is limited to countering new facts raised by the opposite side.
2. Court’s discretion governs whether rebuttal evidence may be led.
3. Order XVIII Rule 3 CPC is the main procedural basis.
4. Section 151 CPC (inherent powers) can also be invoked for justice.
5. Rebuttal cannot be used to fill gaps or improve the party’s main case.
6. The plaintiff’s right to rebut arises only after the defendant’s evidence closes.

1. Objective of the Act
This Act was enacted to protect Scheduled Castes (SCs) and Scheduled Tribes (STs) from:
Atrocities (offences of humiliation, violence, dispossession, exploitation),
Social discrimination,
False criminal implications,
Denial of civil rights and dignity.
 
2. Who Can Take the Benefit?
Victims must be a member of SC or ST community (as notified in the Constitution under Articles 341 and 342).
If the complainant is not SC/ST, he/she cannot invoke this Act.
The accused must belong to a non-SC/ST caste (though in rare situations intra-caste violence is considered if it involves humiliation “on account of caste”).
Benefit includes: speedy investigation, relief and rehabilitation, and special courts for quick trial.
Example:
If a Scheduled Caste farmer is forcibly evicted from his land by an upper-caste landlord, and abuses are hurled referring to his caste, he can file an FIR under SC/ST Act.
But if the dispute is purely about land with no caste angle, SC/ST Act cannot be misused.
3. Procedure under the SC/ST Act
Step 1 – FIR Registration
Victim or relative files a complaint at the nearest police station.
FIR must be immediately registered under Section 154 CrPC read with SC/ST Act provisions (Section 3).
No preliminary inquiry is required (as per Prathvi Raj Chauhan v. Union of India, 2020).
Step 2 – Investigation
Investigation must be conducted by a police officer not below the rank of Deputy Superintendent of Police (DySP) (Sec. 9 of the Act).
Investigation should be time-bound (usually 60 days).
Step 3 – Charge Sheet
After investigation, charge-sheet is filed before the Special Court designated under the Act.
Step 4 – Trial in Special Court
Case is heard by Special Court / Exclusive Special Court (Sec. 14).
Court ensures speedy trial (aim: within 2 months from filing charge sheet).
Step 5 – Relief & Rehabilitation
District Magistrate must provide immediate relief and rehabilitation to victim/family under the SC/ST Rules, 1995.
Step 6 – Punishment
Punishments under Section 3 vary: imprisonment (6 months to life) + fine, depending on offence (caste abuse, social boycott, land grabbing, sexual assault, etc.).
 
4. Important Supreme Court Judgments (Supra)
Subhash Kashinath Mahajan v. State of Maharashtra (2018) 6 SCC 454
SC introduced safeguards to prevent misuse of Act (like prior approval before arrest).
Widely criticized; later reversed by Parliament Amendment.
Union of India v. State of Maharashtra (2019) 13 SCC 516
Restored the strict provisions of SC/ST Act.
Said: No anticipatory bail if prima facie case exists.
Prathvi Raj Chauhan v. Union of India (2020) 4 SCC 727
Held: Anticipatory bail is available in rare cases if no prima facie case is made out.
Confirmed that immediate FIR is mandatory.
State of M.P. v. Ram Krishna Balothia (1995) 3 SCC 221
Upheld the constitutional validity of SC/ST Act.
Said: Special law is necessary to protect weaker sections.
5. Illustration (Example Case)
Case: An SC man is denied entry into a temple and abused by an upper-caste villager using caste-based slurs.
Procedure:
He files FIR under Sec. 3(1)(x) SC/ST Act.
DySP investigates within 60 days.
Charge-sheet filed in Special Court.
Trial conducted swiftly.
Accused convicted → 6 months to 5 years imprisonment + fine.
 This shows how the Act works to protect dignity and rights of SC/ST individuals.
In short:
Who gets benefit: Only SC/ST community members.
Procedure: FIR → DySP Investigation → Charge sheet → Special Court trial → Relief & Rehabilitation.
Supra Judgments: Ram Krishna Balothia (1995), Subhash Mahajan (2018), Union of India v. Maharashtra (2019), Prathvi Raj Chauhan (2020).

Section 25 – Dishonour of Electronic Funds Transfer for Insufficiency of Funds, etc.

Bare Provision (Simplified):
Section 25 provides that if any person issues an instruction for payment through an electronic funds transfer (EFT) (including ECS – Electronic Clearing Service), and it is dishonoured because:

1. Insufficient funds in the account, or
2. It exceeds the arrangement with the bank,

Then such dishonour attracts criminal liability, similar to dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881.

Key Ingredients of Section 25

For prosecution under Section 25, the following conditions must be fulfilled:

1. EFT Instruction issued – The drawer/accountholder must have issued an ECS/EFT mandate towards discharge of a legally enforceable debt or liability.
2. Dishonour – The EFT is dishonoured due to:
   1. Insufficient funds, or
   1. Exceeds arrangement with the bank.
3. Notice – The payee/beneficiary must issue a written demand notice within 30 days of receiving information about dishonour.
4. Failure to Pay – The drawer fails to make payment within 15 days of receipt of notice.
5. Complaint Filing – Complaint must be filed within 1 month from the date on which cause of action arises (i.e., after expiry of 15 days from notice).

Punishment under Section 25

• Imprisonment: Up to 2 years, or
• Fine: Up to twice the amount of the EFT, or
• Both.

Important Points

• Proceedings under Section 25 are almost identical to Section 138 NI Act.
• The jurisdiction is determined in the same manner as cheque bounce cases (Section 142 NI Act applies mutatis mutandis).
• Post-dated ECS instructions are also covered, just like post-dated cheques.

Case Law Reference

• Laxmi Dyechem v. State of Gujarat (2012) 13 SCC 375 – Although primarily under NI Act, the SC clarified that dishonour due to “stop payment” or “account closed” also attracts liability. Courts often apply the same principle to Section 25 matters.
• ICICI Bank v. NEPC India Ltd. (2009) 2 SCC 782 – Even electronic modes of payment dishonoured for insufficiency of funds can attract penal provisions.

In Short:
Section 25 makes ECS/EFT bounce legally equivalent to cheque bounce.
Same ingredients, same procedure, same punishment.

Comparison: ECS Bounce vs Cheque Bounce

Key Takeaway for Court Arguments:

• Both provisions are mirror images of each other.
• Section 25 (ECS bounce) is treated pari materia with Section 138 (cheque bounce).
• All procedural safeguards & timelines are the same.

Draft Complaint under Section 25, PSS Act, 2007

(For ECS Bounce)

IN THE COURT OF THE [Metropolitan Magistrate/Judicial Magistrate First Class] AT [Place]

Case No. : _____ of 20__

[Name of Complainant]
S/o/D/o/W/o __________,
R/o _____________________________ ……… Complainant

Versus

[Name of Accused]
S/o/D/o/W/o __________,
R/o _____________________________ ……… Accused

Complaint under Section 25 of the Payment and Settlement Systems Act, 2007

The Complainant Most Respectfully Submits as Under:

1. That the Accused is known to the Complainant and had approached the Complainant for a friendly loan/business transaction/consideration for goods and services, and in discharge of his legally enforceable liability, the Accused issued an Electronic Clearing Service (ECS) mandate in favour of the Complainant for a sum of ₹[amount] payable on [date].
2. That the said ECS mandate was presented by the Complainant’s bank i.e. [Bank Name, Branch], but the same was returned dishonoured with remarks “Funds Insufficient/Exceeds Arrangement/Stop Payment” vide return memo dated [date].
3. That upon dishonour, the Complainant issued a legal demand notice to the Accused on [date], within the statutory period of 30 days from the date of dishonour, calling upon the Accused to make the payment of ₹[amount] within 15 days of receipt of the said notice.
4. That despite service of the said notice, the Accused has failed and neglected to make payment of the aforesaid amount within the statutory period of 15 days, thereby making himself liable to be prosecuted under Section 25 of the Payment and Settlement Systems Act, 2007.
5. That the cause of action for filing the present complaint arose on [date], when the statutory period of 15 days expired and the Accused failed to pay the legally enforceable liability.

Jurisdiction

• That this Hon’ble Court has jurisdiction to try and entertain this complaint as the Complainant’s bank, where the ECS was presented, is situated within the territorial jurisdiction of this Hon’ble Court.

Prayer

In view of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:

a) Take cognizance of the offence committed by the Accused under Section 25 of the Payment and Settlement Systems Act, 2007;
b) Summon, try, and punish the Accused in accordance with law;
c) Award cost of proceedings in favour of the Complainant; and
d) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

Verification

I, [Name of Complainant], do hereby verify that the contents of paras 1 to 6 of the above complaint are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.

Place: ___________
Date: ___________

Complainant
Through Counsel
[Advocate’s Name & Signature]

Punishment Reminder:

• Imprisonment up to 2 years, or
• Fine up to twice the amount, or
• Both.

step-by-step procedure for filing and pursuing an ECS bounce case under Section 25 of the Payment and Settlement Systems Act, 2007 (similar to Section 138 NI Act process).

Step-by-Step Procedure for ECS Bounce Case

(Section 25, Payment & Settlement Systems Act, 2007)

1. Cause of Action: Dishonour of ECS Mandate

• When an ECS mandate / electronic debit instruction is dishonoured due to:
  • Insufficient funds
  • Exceeds arrangement
  • Stop payment
  • Any other reason
• The bank issues a Return Memo with dishonour reason.

Example:
Mr. A issued an ECS mandate of ₹1,00,000 in favour of Mr. B. On presentation, the ECS bounced with “Funds Insufficient” on 1st August 2025.

2. Legal Demand Notice

• Complainant must send a written demand notice to the Accused within 30 days of receiving information of dishonour.
• Notice must demand payment of the dishonoured amount within 15 days of receipt.
• Send via Registered Post / Speed Post / Courier + Email (if possible).
• Keep postal receipt & acknowledgment as evidence.

Example:
Mr. B sent a demand notice on 10th August 2025 asking Mr. A to pay within 15 days.

3. Waiting Period

• Accused gets 15 days to make payment.
• If payment is made, matter ends.
• If payment is not made, cause of action arises after expiry of 15 days.

Example:
Notice received by Mr. A on 12th August 2025 → he had time till 27th August 2025. No payment was made. Cause of action arose on 28th August 2025.

4. Filing of Complaint

• Complaint must be filed within 1 month from the date cause of action arises (i.e., expiry of 15 days).
• File complaint before the Judicial Magistrate First Class (JMFC) / Metropolitan Magistrate having jurisdiction.
• Complaint must include:
  • Complaint petition (draft I gave you earlier)
  • Copy of ECS mandate
  • Dishonour memo from bank
  • Copy of legal notice & postal proof
  • Proof of service of notice
  • Affidavit of complainant

Example:
Mr. B filed complaint on 10th September 2025 → within limitation.

5. Court Process

1. Pre-summoning Evidence:
   1. Complainant files affidavit + documents.
   1. Magistrate examines prima facie case.
2. Issuance of Summons:
   1. If satisfied, Magistrate issues summons to the Accused.
3. Appearance of Accused:
   1. Accused appears or is compelled by bailable warrant.
4. Notice under Section 251 CrPC:
   1. Substance of accusation explained to Accused.
5. Defence of Accused:
   1. Accused may take defences like:
      1. No legally enforceable liability
      1. ECS given as security, not for debt
      1. Payment already made
      1. Notice not served properly
6. Evidence Stage:
   1. Complainant produces witnesses and documents.
   1. Accused produces defence evidence.
7. Arguments & Judgment:
   1. Court decides whether offence under Section 25 is made out.

6. Punishment

If held guilty, Accused may face:

• Imprisonment up to 2 years, or
• Fine up to twice the dishonoured amount, or
• Both.

7. Appeal / Revision

• Conviction or acquittal can be challenged in Sessions Court within 30 days.

8. Execution of Sentence

• If fine is imposed and unpaid → recovery as arrears of land revenue or civil decree.
• If imprisonment awarded → warrant of commitment to jail.

Important Case Law

 Laxmi Dyechem v. State of Gujarat, (2012) 13 SCC 375 – Principles of cheque dishonour equally apply to ECS bounce cases.

Summary Flowchart:

ECS Bounce → Notice within 30 days → Wait 15 days → Complaint within 1 month → Court Trial → Conviction/Acquittal → Appeal → Execution

ECS Bounce Case – Timeline & Deadlines

llustrative Example

• 01 Aug 2025 → ECS dishonoured.
• 10 Aug 2025 → Notice sent (within 30 days).
• 12 Aug 2025 → Notice received by drawer.
• 27 Aug 2025 → 15 days expire.
• 28 Aug 2025 → Cause of action arises.
• 27 Sep 2025 → Last date to file complaint (within 1 month).

If complaint is filed on or before 27 Sep 2025, it is within limitation.

Quick Reference Notes

• Notice defect = case fails (check amount, date, party details carefully).
• ECS mandate = cheque equivalent once dishonoured.
• Condonation of delay possible if complaint filed late, but must show sufficient cause (Section 142 NI Act applies mutatis mutandis).
• Punishment: Imprisonment up to 2 years OR fine up to 2× amount OR both.

This chart is perfect for desk use—you can quickly calculate last dates in any ECS bounce matter.