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Procedure to obtain anticipatory bail for cheque bounce case


09-Apr-2023 (In Cheque Bounce Law)
Sir, please help me i have taken 10lakhs from a local money lender and i have given a Check as surity now iam facing acute shortage of money and the lender is telling that he is going to put the check in bank but i do not have money in bank will i be jailed for this or can i get a bail or anticipatory bail for this??
Answers (5)

Answer #1
712 votes
Hi...if he bounce the cheque we can get a bail by filing bail application and judge will release after puting some conditions and after your execution of bail bonds and if your ready for settlement you can settle the case same day.

Thank you
People also ask

Can I be jailed for cheque bounce?

A cheque that is not honored can land the payer in prison for up to 2 years. Banks also charge penalties for cheque dishonor. Banks charge different penalties. The amount of the penalty varies from bank to bank.

How can I win a cheque bounce case?

The section 138 would not apply if the defendant could show that the funds were sufficient to cash the check, but that other factors contributed to the payment stopping. The accused is presumed innocent until and unless the contrary is proven.

Is a cheque bounce bailable?

Its an offence that can be bailed. If you fail to appear in court following a summons the court may issue a bailable. You will receive a non-bailable arrest warrant and be placed under arrest.

How do I settle a bounce case on a cheque?

After receiving the acknowledgement receipt within 30 days, we must file the complaint. The money will be recovered (legally) six months after filing the complaint.

  
Answer #2
500 votes
Hi
You have not made clear, the cheque given is blank or filled one. Any now give stop payment to bank and on other angle pay what ever amount you have to the lender by acknowledgement for the loan, so even your liability reduce. Then issue legal notice to return/not to present the cheque.

Answer #3
575 votes
Sir,
There is no anticipatory bail for offence under cheque dishonor. The offence is a bailable offence. The parameters to be considered is when was the cheque issued, when was it presented in the bank and the burden to prove the transaction lies with the complainant.

It will take sometime for the proceedings to get concluded. So i would advice you need not worry as of now.
Answer #4
134 votes
  1. Understanding Cheque Bounce:
    • A cheque bounce occurs when a cheque issued by a person is dishonored by the bank due to insufficient funds or other reasons specified under Section 138 of the Negotiable Instruments Act.
  2. Initiating the Complaint:
    • When a cheque bounces, the payee can initiate a complaint against the drawer (the person who issued the bounced cheque) by sending a legal notice demanding payment within 15 days of receiving the bounce intimation from the bank.
  3. Filing a Complaint in Court:
    • If the drawer does not make the payment within the stipulated period, the payee can file a complaint in the appropriate court. This complaint should include all relevant details of the transaction and the bounced cheque.
  4. Issuance of Summons:
    • Once the complaint is filed, the court may issue summons to the drawer. At this stage, the drawer can apply for anticipatory bail to avoid arrest.
  5. Anticipatory Bail Application:
    • To obtain anticipatory bail in a cheque bounce case, the drawer (accused) must approach the court through a legal representative and file an anticipatory bail application.
  6. Grounds for Anticipatory Bail:
    • The court will consider various factors when deciding whether to grant anticipatory bail, including the nature of the offense, the accused's criminal record, and the possibility of the accused cooperating with the investigation.
  7. Conditions of Bail:
    • If anticipatory bail is granted, it may come with certain conditions, such as the accused cooperating with the investigation, attending court hearings, and not leaving the country without the court's permission.
  8. Compliance with Bail Conditions:
    • It's crucial for the accused to strictly adhere to the conditions of anticipatory bail to avoid its cancellation.
  9. Legal Representation:
    • It's advisable for the accused to have legal representation throughout the process to navigate the legal complexities effectively.
  10. Trial Proceedings:
    • The cheque bounce case will proceed in court, and the accused must participate in the trial. If found guilty, penalties under Section 138 of the Negotiable Instruments Act may apply.
In summary, to obtain anticipatory bail in a cheque bounce case, the accused must follow a legal process that involves filing an anticipatory bail application, meeting certain conditions, and cooperating with the investigation and trial
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Answer #5
86 votes
Bailable Offenses: A cheque bounce is the only offense that can be used to get bail. As a way to ensure that you attend court, the court may ask you to submit a bail bond or surety. As a form of security, you or your surety might be required to deposit a certain amount.
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