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Cheque Bounced need Anticipatory bail
20-Jun-2025 (In Cheque Bounce Law)
My father in law issued a cheque on my behalf which was signed by him without my knowledge. Cheque was submitted and got bounced. I heard a legal notice was served on my name but since I am NRI, the legal notice got returned hence resulted in arrest warrant.
I would like to know how I can get anticipatory bail and fight this case.
If the cheque was signed and issued by your father-in-law without your knowledge or consent, and you didn't sign it, then you are not liable under Section 138 NI Act. Only the actual drawer of the cheque can be prosecuted.
Also, are you sure that an arrest warrant has been issued? Because in cheque bounce cases, courts usually don't issue arrest warrants immediately. It typically happens only after summons and bailable warrants are ignored.
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Adv. Stanly Stephen
Kollam | 25+ Answers
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you can file anticipatory bail before the high court and in most cases filed invoking provisions of negotiable instruments act, normally the magistrate court will grant bail. so alone, you can file bail application there
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Adv. A.G. Syam Kumar
Trivandrum / Thiruvananthapuram | 400+ Answers
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he offence is punishable under s 138 of Negotiable Instrument Act. The offence is bailable. so there is no need of anticipatory bailable. I think it is court summons instead of legal notice. In case a warrant pending against you don't worry you can recall warrant by filing application and can take bail from samecourt
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Adv. Jithin J Prakash
Trivandrum / Thiruvananthapuram | 25+ Answers
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