Interim Bail in Cheque Bounce Cases Under Section 138

Interim Bail in Cheque Bounce Cases Under Section 138 NI Act

Getting summoned by the court in a cheque bounce case is scary. You start imagining yourself being arrested and taken in custody. Further what about your business? What will people think back at home or office? These scary thoughts rush through your mind when you get the summons. Scary thoughts turn into bigger fears if you have already missed previous dates of hearings and there is already a bailable warrant or non-bailable warrant issued against you name.

If the offence is straight forward prosecution for Section 138 NI Act, 1881 then it is imperative to know that offence is bailable. Supreme Court has also clarified that offence under Section 138 NI Act is bailable.

This only implies thatInterim bail is not a luxury asked for in every cheque bounce case. It depends upon the stage of proceeding whether the accused is already confronted with a warrant and custody situation and what kind of interim relief the accused is actually applying for from the court.

BK Singh Advocate one of Best Bail Lawyer will help you with these cheque bounce bail matters, appearance in court, warrant issues and assist you with related criminal defence work in Delhi NCR and elsewhere in India.

Why Cheque Bounce Bail Issues Become Urgent

Section 138 matters generally arise from disputes relating to loans/payment/ business invoices / sale of property/ security cheques / personal money transactions etc. However, once the complaint is filed and the summons are issued by the Magistrate, failure to appear before the Court complicates the procedural consequences faced by you.

The warrants issued on account of non-appearance are issued because you have not been convicted of the offense. It is issued to forcefully ensure the appearance of the accused before the concerned Court. Issuing Bail Lawyer would also like to emphasize that such a warrant will continue to remain in force until it is revoked, suspended or cancelled by the Court having jurisdiction to do so.

BK Singh Advocate deals with several clients approach him only after they know about the warrants when they are contacted by the police/ on realizing they have missed several hearings.

Quick Facts

Section 138 NI Act is a bailable offence.
Punishment under Section 138 can be imprisonment for a term up to two years or with fine which may be twice the amount of the cheque or with both.
Cheque bounce complaint will be filed and is normally heard before the competent Magistrate.
Interim bail is only a temporary relief. It is not the same as regular bail also known as continuing bail.
The consequences of not appearing in Court are warrants and possibility of further custody.
Section 138 is a compoundable offence under Section 147 NI Act.
BK Singh Advocate from Best Bail Lawyer has appeared for clients for cheque bounce appearance matters/state bail matters throughout India.

Interim bail simply means bail granted for a short period or up to a certain stage in the proceedings. Under the Code of Criminal Procedure, 1973, there is no statutory classification or definition for “interim bail”. The Indian criminal justice system allows courts to treat bail granted as interim relief within their bail powers.

However, in a pure 138 transaction offence, what the accused person must realize is that offence is bailable. Seeking interim relief only comes into play where say a warrant has been issued, or earlier bail cancelled, or custody in appeal has been raised or some other ancillary criminal offence is being concurrently leveled against the accused person.

Best Criminal Defense Lawyer BK Singh Advocate likes to see the court order in reality before categorizing a case under “interim bail”.

Can I get anticipatory bail in Section 138 NI Act?

Yes, offence under Section 138 NI Act is a bailable offence. This interpretation has also been directly observed by the Apex Court in a cheque dishonour case.

As per Section 478 of Bharatiya Nagarik Suraksha Sanhita, 20 23 (Protection of person accused of offence). A person accused of an offence which is bailable and who is willing to bail shall be released on bail according to law.”

It’s important to understand the difference. Receiving a cheque bounce notice does not always mean that you will need to apply for anticipatory bail just because the nature of the complaint is criminal.

BK Singh Advocate will help determine if the concern is regarding bail or some other immediate need like appearance, exemption from arrest, recall of warrant or some other condition.

What Documents To Have At Hand?

There’s no set standard, but helpful documents may include:

Copy of Complaint Under Section 138
Court summons/order sheets (most recent)
Bailable/Non-bailable warrant, if applicable.
Cheque, bank return memo
Statutory demand notice and service copy
Response to notice, if any.
Any prior bail/exemption orders
Identity and address proofs.
Correspondence/agreements of compromise/payments, etc. if applicable.

BK Singh Advocate will often review the last order sheet first. This tells you if the court is currently dealing with an appearance matter, bail matter, warrant of arrest or something else.

What if you Miss a Cheque Bounce Notice?

If the summons is ignored, what would otherwise be only a procedural issue will become much more serious. The court can initiate coercive steps like issuing a warrant to ensure that the accused will attend court. Issuance of warrant must be legally justified though.

Once issued, the warrant can’t be “cancelled” by the complainant outside of court. Only the court which issued it (or an overlapping court with valid jurisdiction) can issue the necessary court order to do that.

BK Singh Advocate from Best Bail Lawyer can evaluate your immediate risk if summons/warrants have already been issued.

When Should You Consult a Cheque Bounce Bail Lawyer?

Circumstances where legal advice may be helpful:

A Non bailable warrant has been issued against you.
Your earlier bail application has been rejected.
Police have approached you for execution of warrant.
Multiple hearings dates have been missed.
Conviction has been awarded and you want to file an appeal.
The complaint also mentions offences other than Section 138.
You want to know if the Court wants bail / bond / surrender / personal appearance from you.

Readers looking for help specifically with the underlying Section 138 defence can visit the cheque bounce criminal defence guide.

BK Singh Advocate says that first ascertain the stage the proceeding has reached, and not treat every summons case as arrest issue.

How Best Bail Lawyer Can Help

Best Bail Lawyer provides help from BK Singh Advocate for cheque bounce cases in which you have been issued a court notice, warrant, arrested or bailed and require assistance with the court appearances or criminal defense aspect of your case.

We operate in Delhi, New Delhi, Ghaziabad, Noida, Greater Noida, Gurugram, Faridabad, Meerut etc. and other courts in India in metropolitan cities where jurisdiction allows.

If you have already initiated settlement negotiations, see our separate article on cheque bounce settlement and compounding. Avoid mistaking an informal payment agreement for legal resolution of the criminal charge.

Frequently Asked Questions

1. Do I need interim bail in every case under Section 138?

Ans. No. Section 138 NI Act offence is bailable. The need for temporary protection depends upon the nature of the order passed by the court, whether in custody, number of warrants already bounced and any additional allegations of non-bailable offences. Please read latest order sheet carefully before jumping to conclusion that bail is required. This insight by BK Singh Advocate.

2. Will I get arrested in cheque bounce case?

Ans. Once the complaint is filed, Section 138 complaint itself is bailable. If however the accused refuses to comply with court’s direction to appear, warrant may be issued. The practical possibility depends on what orders have been passed by the Magistrate till date.

3. Do I need anticipatory bail after getting summoned under Section 138?

Ans. No. Anticipatory bail is not required ordinarily for a prosecution for offences under Section 138 alone just because summons have been issued. The offence is bailable. Let us examine the particular facts of your case separately to see if any additional non-bailable allegation change this position. BK Singh Advocate & Best Bail Lawyer will help.

4. What happens if non bailable warrant is already issued against me?

Ans. Don’t ignore the warrant because it is there. Relief, if any, must be requested from a court of competent jurisdiction based on facts justifying your absence, past conduct and the order that exists on record. Merely filing an application will not suspend the warrant automatically.

5. Can the complainant cancel my warrant?

Ans. No. The warrant is order passed by a court. In certain situations, the consent of the complainant might be helpful, but the operative order has to be passed by the competent court.

6. Can I settle my Section 138 cheque bounce case?

Ans. Yes. Criminal offences under the NI Act including Section 138 are compoundable as per Section 147 NI Act. However compounding requires mutually agreed settlement and proper judicial approval. One party cannot unilaterally decide that the criminal case is settled.

7. If I get interim bail, does that mean my cheque bounce case is over?

Ans. No. Interim bail is related to temporary release or protection only. It does not determine whether the allegations under Section 138 are made out. In other words, obtaining bail does not determine whether the court should ultimately dismiss the complaint, allow it to be compounded or whether the accused should be convicted.

8. What happens after I am convicted under Section 138 NI Act?

Ans. Conviction can open up rights to appeal. Issues on suspended sentence and interim relief from custody during appeal are different questions. The best way to approach this is to treat post conviction bail differently than the normal trial stage bail matter. BK Singh Advocate focuses on this aspect of bail law as well.

9. I issued cheque but marked it as “only as security”, can’t I be prosecuted?

Ans. Merely referring to a cheque as “security cheque” will not stop prosecution. The court looks into two questions. First, if a legally enforceable liability existed in favour of the payee when the cheque was presented for payment; Secondly, if statutory requirements of Section 138 were fulfilled.

10. When should I approach Best Bail Lawyer?

Ans. Give BK Singh Advocate of Best Bail Lawyer a call immediately if a warrant is active against you, your bail is cancelled, your appeal concerns custody or you have any doubts about surrender, appearing in Court or bail conditions in general.

Final Thoughts

Cheque bounce cases pertaining to Section 138 NI Act and pleas for Interim bail thereon must be viewed in right perspective. 138 NI itself is a bailable offense. Thus every summons issued in such cases need not lead to requests for Anticipatory or Interim bail. Urgency as such sets in mostly when appearances have been defaulted, warrants issued, bail cancelled or proceedings have entered the post conviction stage.

Timing the review of complaint and latest order passed by Court can save unnecessary harassment. BK Singh Advocate ( Best Bail Lawyer ) guides his clients in times of distress over interim bail, warrant and court appearance issues stemming from cheque bounce cases throughout Delhi NCR and India.

Author Bio

BK Singh Advocate is practicing as Criminal Lawyer at Best Bail Lawyer. He provides guidance on Bail and Defence in criminal cases, cheque bounce cases, dealing with summons/warrants & other procedural laws throughout Delhi NCR and India. Analyzing whether your case is bailable or non bailable, checking court order, solving appearance problems and counseling his clients with proper bail options are few of the tasks handled by BK Singh Advocate. 138 NI Act related issues handled by BK Singh Advocate gives relief to the clients by simple and clear understanding of the summons, chance of warrant being issued, pending bail status and what happens if you miss the court date. Everything shared by Best Bail Lawyer is for informational purposes only.