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How to get bail in a cheque bounce case


21-Jun-2023 (In Cheque Bounce Law)
I had given a security chq to the party in I m from Gujarat. Now the party has filed a case us 138 in sonipat I HV recd the summons for the first appearance I want to know the procedure if bail in haryana. I m also a cancer patient. Pl advise as there us nothing to pay to the party n to harress me they had depisit end the chq which was given as a security chq to their rep in Baroda in the year 2013.
Answers (3)

Answer #1
661 votes
Dear Client,
first of all you have to appear and then apply for bail on the date fixed in the Ld. Court at Sonipat.
based on facts, you surely can contest the case but first of all you have to appear and get bail. if you fail to appear on the date fixed, Ld. Court will issue Non Bailable Warrant.

so, i advise you to appear and contest the case, moreover, from the facts it seems that the cheque in question was a security cheque, and, if it is, and you prove this, then you have good chances of acquittal.

for further clarifications or information or for contesting your case you can call/meet me.
Answer #2
883 votes
You will not need to get bail in a case under section 138 as it is predominantly a civil proceeding and not a criminal one though you may be liable to be imprisoned in case the matter is decided against you. However even so the offence is compoundable. You must at this stage concentrate on refuting the claims of the complainant by proving that the amount was never due to the complainant.
Answer #3
946 votes
sir,

i am lawyer in gurgaon, as far as local practice is concerned you have to produce local surety or in alternative, produce some surety from Delhi/NCR, if court agrees he can be your surety.

moreover, you can apply for permanent exemption based on your medical conditions and your sonipat lawyer can fight your case.

since it is as you have said is a security cheque, you may get favourable order

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