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How to Cancel a Non-Bailable Warrant in a Cheque Bounce Case?
29-May-2024 (In Cheque Bounce Law)
Sir, I am from Pune. I have a non-bailable warrant under Section 138 for Rs. 78,000. The local police have asked me to present a receipt from the court. Can I get bail from the court? What papers are required to get bail?
Wherever it is necessary to ensure / compel the appearance of the accused in a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881, the Magistrate has the power under law to issue a non-bailable warrant.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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You need to file an application for cancellation of non-bailable warrant in 138 NI Act before the same court. When the court orders cancellation of the non-bailable warrant, it will issue an order and a receipt (receipt of payment of fine if imposed). You need to present this order and receipt whenever the police ask for it. If you believe that the same court may not cancel the NBW, you have the option to approach the High Court under Article 226 of the Constitution of India. Generally, the court will take an undertaking that you will not remain absent from future hearings.
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Adv. Aftabhusen A Ansari
Ahmedabad | 25+ Answers
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Dear Sir, first, you need to submit an application for cancellation of non-bailable warrant in 138 NI Act. If the court requires a local surety to ensure your regular presence, you may need to provide a house tax bill or 7/12 extract of the surety. Once these formalities are completed, you will be granted bail through the court.
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Adv. Prashant Chavda
Vadodara | 50+ Answers
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