What is non bailable warrant 138 NI Act?

Asked by: Chase Rohan  |  Last update: February 19, 2022
Score: 4.2/5 (38 votes)

P.C. can be resorted to only in case of a non-bailable offence. The offence under Sec. 138, Negotiable Instruments Act is punishable with imprisonment for two years, and therefore the offence is bailable and hence anticipatory bail cannot be granted. On that ground alone the petition is liable to be dismissed.

What does non bailable warrant mean?

Non- Bailable warrant is nothing but the warrant of arrest and a person can be sent jail after the issuance of such warrant. Issuance of such warrant is much required when the order of conviction is passed and the accused is not in custody.

How do you cancel a non bailable warrant in a cheque bounce case?

you need to file an application for cancellation of NBW before the same court, when the Court orders for cancellation of earlier NBW it will issue an order and receipt (receipt of payment of fine if the court has ordered against cancellation of NBW).

Is cheque bounce case non 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). ... Further, the offence is non-cognizable so the police cannot arrest without a warrant.

What is the difference between bailable warrant and non bailable warrant?

Difference between Bailable and Non-Bailable Offences

Bailable offences are grave and serious offences, For example- offence of murder. Under bailable offences, bail is claimed as a matter of right. Under Non-bailable offences, bail is a matter of discretion.

373 - When Accused is missing/absconding in Cheque Bounce case? Non-Bailable Warrant pending?

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Can police grant bail in non bailable offence?

An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.

Can I go to jail for cheque bounce?

Facing criminal charges

The bank immediately issues a 'Cheque Return Memo' stating the reason for non-payment, when a cheque bounces for the first time. ... If the drawer is found guilty as a wilful defaulter, he will be charged with a jail term of two years or a fine which is twice the cheque amount, or both.

What is the new rule of 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.

What are non bailable offence in India?


Non-bailable offences are serious offences where bail is a privilege and only the courts can grant it. On being arrested and taken into custody for a serious or non-bailable crime, a person cannot ask to be released on bail as a matter of right.

Who can issue non bailable warrant?

In terms of Section 73 of Cr. P. C, the Magistrate has jurisdiction and power to issue warrant of arrest, which can be directed against any (i) escaped convict, (ii) proclaimed offender, or (iii) against any person who is an accused of a non-bailable offence and is evading arrest.

What is the time limit for cheque bounce case?

Under Section 138 of the Act, the offence of cheque bounce is a criminal offence for which the payee can initiate a criminal suit. The payee must file the complaint against cheque bounce before the Magistrate within 30 days of the expiry of 15 days of the issuance of the cheque bounce notice.

How do I recall a non bailable warrant?

P.C. the Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the court which issued the warrant, direct his removal in custody to such court.

How do you get bail in non bailable offence?

In non-bailable offences, accused can be granted bail under the provisions of Section 497 Code of Criminal Procedure (V of 1898) subject to condition that the Court from perusal of material placed before it thinks that no reasonable grounds exist to believe that the accused is guilty of a non-bailable offence.

In which type of cases warrant is mandatory?

Subsection (1) of Section 73 provides that the Chief Judicial Magistrate or a Magistrate of the First Class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non bailable offence and is evading arrest.

What is the meaning of bailable warrant?

Bailable warrant ('BW') is an order issued by the court to the police or any other person concerned to arrest a person with the condition that if after serving the said warrant, the said person executes a bond with sufficient sureties that he/she will appear before the court on the date and time as so mentioned in the ...

What is the maximum limit of cheque?

As per the RBI guidelines issued last year, banks can enable this facility for all account holders for cheque amounts of Rs 50,000 and above at the discretion of the account holder. However, banks may consider making it mandatory for cheques of above Rs 5 lakh.

Can I deposit 5 lakhs cheque in my account?

Since there is a system of Annual Information Return being filed by banks, your cash deposit exceeding Rs. 10 Lakhs in a Savings account / exceeding Rs. ... 2 lakhs is not allowed as per Section 269ST of the Income tax, which will land you in a penaly of Rs.

How do you escape a 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 do you defend a 138 case?

If the accused or the drawer of the cheque, proves that the cheque issued, was not in discharge of any debt or liability, while issuing the cheque, and it was just given security deposit, hence it does not attract the offence under the Section 138, of the Negotiable Instruments Act.

Who is cheque bearer?

A bearer cheque is the one in which the payment is made to the person bearing or carrying the cheque. These cheques are transferable by delivery, that is, if you are carrying the cheque to the bank, you can be issued the payment to.

What is the maximum punishment for cheque Dishonour?

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.

What happens if bail is not granted?

When a bail order of a court is a perverse one right at the time of its granting, it is competent in law for the aggrieved party to move the High Court for cancellation of the bail in revisional application. That means once it is found that bail was granted on untenable grounds, same can be cancelled by a higher court.

When can bail be Cancelled?

State of M.P (2004 13 SCC 617) where the Apex Court has held, “Bail can be cancelled on the existence of cogent and overwhelming circumstances but not on reappreciation of the facts of the case.” The reason is due to the provision of Section 362 of CrPC which bars a Court from altering or reviewing any case where a ...

Who can cancel anticipatory bail?

The power to cancel the Anticipatory Bail is vested with the Court who grants the same, which can be due to new or supervening circumstances arise after the release on bail such as abuse of liberty by hampering the investigation or tampering with witness or committing same or similar offence or a case is made out in a ...