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EMI bounce case payment and settlement systems act section 25
11-Oct-2025 (In Cheque Bounce Law)
I missed previous first hearing date and This is my second summon from the Ernakulam District court(Kerala) to appear. Will I need to get bail immediately on appearing there or on another hearing date?
Section 25 of the Payment and Settlement Systems Act, 2007 makes a bounced electronic funds transfer (like an ECS mandate, auto-debit, or UPI) a criminal offense. Operating similarly to a cheque bounce, it applies to payments for legally enforceable debts. Penalties include up to two years of imprisonment, a fine up to twice the amount, or both.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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⚖️ If it’s a criminal case:
Since you missed the first hearing, here’s what usually happens:
1. If summons were issued (not warrant):
You can safely appear before the court on the next date.
Usually, you won’t be arrested if you appear voluntarily.
You should file a bail application (regular bail or anticipatory bail) on the same day of appearance, as a precaution.
The court typically grants bail on the same day since you are cooperating.
2. If the first summon was converted into a bailable/non-bailable warrant because you didn’t appear:
Then yes, you’ll need to apply for bail immediately on appearance or even beforehand through a lawyer (anticipatory bail).
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Adv. Shakun Gosain
Adv. Shakun Gosain
Delhi | 25+ Answers
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Yes, you have to furnish bail bond on the your first appearance before the Honorable Court. You are required to take some person who can be the surety for you. Attend the court on next hearing with above mentioned requisites to avoid the issuance of non bailable warrant against you.
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Adv. Harshit R Gupta
Adv. Harshit R Gupta
Delhi | 25+ Answers
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Do seek a detailed legal Consultation from a lawyer having expertise. Do connect and share the copy of the summons Received from the Honourable Court at Kerala. Bail needs to be taken in this matter as it works like a cheque dishonoured case
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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No need to panic right now, just get the details of the next fixed date ( available on e court app) and be present there.
But try to transfer the case to your city or settle the matter before PW.
You may present yourself via VC and you can get the VC links on the respective court website
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Adv. Adarsh Kumar
Adv. Adarsh Kumar
Delhi | 400+ Answers
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If warrants for arrest have not been issued then it is not necessary that you will need to take bail on the first appearance. However, a reasonable excuse for non appearance should be presented before the court especially if the summons have been duly served upon you. Your lawyer can take another date on medical grounds. however please do not delay appearing before the court as it will only impact your bail later. Kindly note that if warrants have been issued for arrest then furnishing bail will become mandatory on first appearance. if you have any matter in Delhi I can takenit up as I am already handling high value cheque bounce matters.
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Adv. Shreya Kapoor
Adv. Shreya Kapoor
Delhi | 25+ Answers
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