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How to Get Bail in a Cheque Bounce Case? Legal Steps & Guidelines


29-May-2024 (In Cheque Bounce Law)
Sir, please help me. I have taken Rs. 10 lakhs from a local money lender and given a cheque as security. Now, I am facing an acute shortage of money, and the lender is saying that he is going to deposit the cheque in the bank. However, I do not have sufficient funds in my bank account. Will I be jailed for this, or can I get bail? Also, how to get bail in a cheque bounce case?
Answers (4)

Answer #1
180 votes

In India, a cheque bounce case covered under Section 138 of the Negotiable Instruments Act, 1881 arises when a cheque issued to someone is returned unpaid by the bank, usually due to insufficient funds or other related issues. This is treated as a criminal offense, allowing the payee (the person receiving the cheque) to initiate legal action against the drawer (the person who issued the cheque).

These cases are bailable offenses, meaning bail is generally granted. After receiving a court summons, the accused must appear before the magistrate and submit a bail application, usually through a lawyer. The court may ask for a bail bond or surety amount to ensure the accused appears for subsequent hearings.

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Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRatoDelhi | 200+ Answers
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Answer #2
714 votes
Hi… If he deposits the cheque and it bounces, a cheque bounce case will be filed against you. You can get bail by filing a bail application, and the judge will grant bail after imposing some conditions and after the execution of bail bonds. If you are ready for settlement, you can resolve the matter on the same day. Thank you.
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Advocate Rama Chandra Shenoy

Adv. Rama Chandra Shenoy

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Answer #3
504 votes
Hi… If the cheque gets dishonored, a cheque bounce case will be initiated. You can apply for bail, and the judge will grant bail after placing some conditions and after you execute bail bonds. If you are open to settlement, you can resolve the matter on the same day. Thank you.
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Advocate Nagendra Prasad

Adv. Nagendra Prasad

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Answer #4
831 votes
Sir, there is no provision for anticipatory bail in a cheque bounce case. However, the offense is bailable, so you do not need to worry. The main factors to consider are when the cheque was issued, when it was presented at the bank, and the complainant’s burden to prove the transaction. Since the legal proceedings will take some time, I would advise you not to panic. If you are wondering about the bail amount for a cheque bounce case, it depends on the court’s discretion and case circumstances.
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Advocate Pallavi K

Adv. Pallavi K

LawRatoBangalore / Bengaluru | 50+ Answers
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