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138, CHEQUES BOUNCED FOR LOAN REPAYMENT
27-May-2023 (In Cheque Bounce Law)
I am doing 138 trial for the first time. My client has been served summons multiple times but those couldn’t reach him so, the court issued bailable warrant against my client. The next thing which I did, I filed application for cancellation of bailable warrant. However, court granted us stay on a condition to secure presence of accused on the next date. Wat shud be the ideal plan of action after this? It is necessary to make an application for bail of my client? If not, what should be done next?
Yes, you should file an application for Bail as your next course of action, as until now, mere Bailable Warrant of Arrest has been cancelled. If you won't seek the Bail for your client considering Sec 138 of the NI Act is a Bailable Offence, then, your client may get arrested if the opposite side puts an application for the arrest of your client, i.e, accused.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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