Is bail must under section 138 of NI act

548 votes

Dear Sir,
You have to take bail by depositing some amount or giving surety who is having house property etc or a Government Servant drawing salary. Now the amended law requires the accused to deposit 20% of cheque amount failing which case will be heard and decided ex-parte. More FAQs on the subject are as follows.

Advocate Kishan Dutt Kalaskar LawRato

526 votes

Dear Sir,
You have to take bail by depositing some amount or giving surety who is having house property etc or a Government Servant drawing salary. Now the amended law requires the accused to deposit 20% of cheque amount failing which case will be heard and decided ex-parte. More FAQs on the subject are as follows:

Advocate Kishan Dutt Kalaskar LawRato

501 votes

Wrong information u must take bail in this case it's bailable offence fist u consult a lawyer he will guide you if summons stage or warrent stage first confirm any way take one Surity or cash Surity you will get bail

Advocate Jagdeesha Rao A LawRato

211 votes

Bail in Section 138 of NI Act:

1. Understanding Section 138:
   • Section 138 of the Negotiable Instruments Act deals with dishonor of cheques due to insufficient funds or other reasons.
2. Cheque Bounce Offense:
   • When a cheque issued by a person is dishonored, a complaint under Section 138 can be filed against the drawer of the cheque.
3. Bail Application:
   • In cases under Section 138, bail may be sought by the accused. The accused can apply for bail to secure their release during the trial.
4. Bail Amount:
   • The court may set a bail amount or bond that the accused needs to furnish to secure their release.
   • The amount can vary based on the seriousness of the offense and other factors.
5. Bailable or Non-Bailable:
   • Section 138 case is a bailable one. However, it depends on the specific circumstances of the case.
   • In some cases, bail may be granted as a matter of right, while in others, it may be at the discretion of the court.
6. Bail Application Format:
   • The accused or their legal representative must file a formal bail application with the court.
   • The application should include relevant details and reasons for seeking bail.
7. Court Fees:
   • Court fees for bail applications, if applicable, may vary from one jurisdiction to another.
8. Punishment Under Section 138:
   • It's important to note that Section 138 prescribes both imprisonment and a fine as punishment for the offense.
9. Legal Representation:
   • It is advisable for the accused to engage a qualified lawyer to handle their bail application and legal defense in cheque bounce cases.
10. Trial Proceedings:
    • After securing bail, the accused will need to appear in court for trial proceedings until the case is resolved.

The granting of bail in Section 138 cases depends on several factors, including the individual circumstances of the case, the accused's criminal record, and the discretion of the court. Consulting with a legal expert is crucial to navigate the legal process effectively.

Advocate Chikirsha Mohanty LawRato