How can I get bail in section 138?

Asked by: Brandyn Hills  |  Last update: September 3, 2022
Score: 5/5 (14 votes)

Under 138 NI Act you will be granted anticipatory bail and can join the court proceedings and contest the matter. The warrant is issued by court only. Once it is issued you will have to surrender beofre the court and seek bail form court which is allowed in all circumstances.

What happens in case of cheque bounce?

According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.

Is cheque bounce a non bailable offence in India?

Bail in cheque bounce is a matter of right of the accused as it's a bailable offence. So you have to give an bail application through your advocate and have to give security as per the orders of the judicial magistrate.

How long does it take to get the court Judgement on a cheque bounce case in India?

How long does it take to get the court Judgement on a Cheque bounce case in India? If the case goes to court the judgement may take anywhere around 2 to 5 years to take effect. The legal recourse for cheque bounce cases is straightforward in Indian Law [under the negotiable instruments act].

What is the penalty given to drawer in as per section 138 when the cheque is Dishonoured?

Penalty for Bouncing of Cheque

As per the Section 138 of the Negotiable Instrument Act, 1881, dishonour of cheque due to insufficient fund in drawer's account is a criminal offence. Drawer can be punished with imprisonment for up to two years, and/or a fine up to twice the amount of cheque bounced.

चैक के केस में जमानत,Bail in138 N.I.Act Case, Dishonour of Cheque Case Procedure of Bail Application

42 related questions found

Is Sec 138 bailable?

An offence committed under Section 138 is a non-cognizable offence. Also, it is a bailable offence. Offence under section 138 will be completed with following components: Drawing of Cheque by the drawer for the discharge of debt or other liability.

Is Section 138 A criminal offence?

The Section 138 of the Negotiable Instruments Act 1881, treated cheque bounce as a civil wrong, until 1988, when it was brought under 'criminal offence', with a prison term of up to two years, while leaving the right to approach a civil court unaffected.

How long is jail for cheque bounce case?

The punishment for cheque bounce is imprisonment for a term not more than two years or a fine that can extend to twice the amount of the cheque or both. A civil suit can also be instituted against the drawer to pay the cheque amount.

How can I escape from cheque bounce case?

File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.

How many times cheque can bounce?

The bank may stop the cheque book facility or even close your account. Although the Reserve Bank of India states that such action can be taken only if cheques, valued Rs 1 crore or above, have bounced more than four times.

What is the bail amount for cheque bounce case?

The High Court directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of ₹ 50,000/- with one surety in the like amount to the satisfaction of the arresting officer.

What is the new law for cheque bounce?

The new set of rules, which took effect on August 1, 2021, states that customers who plan to issue cheques need to ensure that there are sufficient funds in the bank accounts to do so. If this minimum balance is not maintained, the cheque will bounce.

Who pays penalty for bounced check?

If a cheque bounces due to insufficient funds or any other technical reason, such as signature mismatch, their respective banks charges for both the defaulter and the payee. The penalty charges for cheque outward return are close to Rs. 300 for most banks, while charges for cheque inward return are about Rs. 100.

Can 138 and 420 be filed together?

Answer By Lawyer : Both of them can be filed together. S. 420 is for the offence of cheating whereas S. 138 NI Act is for dishonour of cheque.

Who can send notice under 138?

Only the payee can issue the notice under Section 138 to the defaulting drawer. However, the payee can issue the notice under Section 138 of the Negotiable Instruments Act through an advocate or legal firm.

Is cheque bounce bailable offence?

No. A Magistrate can take cognizance of an offence of dishounour of Cheques under Section 138 of the NI Act only on a Complaint from the holder in due course (in this case the person in whose favour the cheque was drawn). Hence, there is no question of any police investigation.

How do you write a bail application?

Below are the following necessary contents of the bail application:
  1. The name of the magistrate court under whom the bail application is filed.
  2. The section of CrPC must be mentioned under which the application is moved.
  3. The name of the parties must be mentioned.
  4. The FIR number should be mentioned.

When can a bailable warrant be issued?

Ordinarily it is called 'bailable warrant'. The warrant of arrest may be directed to one or more police officers and in case, if immediate execution is necessary and no police officer is immediately available then it may be directed to any other person/persons (Section 72(1) of CrPC).

What is Bounce charge?

Bounce Charges means an amount payable by the Customer to BFL as a penalty where the cheque(s) or ECS/ NACH or such other payment instruments issued by the Customer for the payment of Outstanding amounts is not honored by the Customer's bank and is returned unpaid.

What is the time limit for filing of case under section 138?

Section 138(b) of the Act inter alia provides that the payee has to make demand for the payment of money by giving a notice “to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid”.

What is reason 88 for cheque return?

Return Reason 88 will be a technical return reason, and will have to re-present by the Presenting Bank, without the physical cheque being returned to the customers.

What is false cheque bounce case?

But cheque bounce cases are rising in today s time and the Indians courts are filled with these cases which are filed under Section 138 of the Negotiable Instruments Act,1881. These cases are usually to extract money from someone or to harm and spoil his/ her reputation.

What is 42 paper not received?

if the attached paper was not revived by the banker it was return under column 42 paper not attached. it also called as one type of dishonor of cheque.

What is the meaning of 70 advice not received?

70 Advice not received. 71 Amount / Name differs in advice. 72 Drawee bank's fund with sponsor bank insufficient. 73 Payee's separate discharge to the bank required.

What is positive pay system?

Positive Pay System involves re-confirming of key details of the cheque by drawer to the Bank, which would be cross-checked with the presented cheque at the time of payment processing.