चैक के केस में जमानत,Bail in138 N.I.Act Case, Dishonour of Cheque Case Procedure of Bail Application

Описание: How to obtain Bail in The offence of 138N.I.Act Case


How to Get Bail in the offence of 138 of the Negotiable Instruments Act :-

1.. Point No.1 When the complaint file a complaint under section 138 of the Negotiable Instruments Act, the Magistrate take the cognizance and issue :-
Summon
Bailable Warrant
Non Bailable Warrant
2 Point No. 2:- Summon issued by the Court :- The police officer will come along with a summon.
Need not to worry:- Take a copy of the summon. As per the direction mentioned in the summon, appear on the date fixed by the court before court and apply for bail.

3. Point No.3:- Bailable Warrant issued by the court:- If summon return unnerved and the court issued bailable warrant, Than again police officer will come along with bailable warrant.
The police officer will required bond to execute.
The accused is required to execute personal bond. The police officer if required surety, provide him the photocopy of the documents of surety.
Thereafter appear before the court and take the bail.
4. Point No 4:- Non Bailalbe Warrant issued by the court: - Police officer can arrest and produced the accused before the court.

5. Point No.5 :- Rajasthan High Court
Sona Goyal V/s Vipul Nagpal on 10 January, 2019

1. Bail is a right in 138 case since it is a bailable offence
2. In case surety cannot be arrange within a period of one week, as per section 436 (1) Cr.P.C. , the magistrate is bound to release the accused on bail on executing personal Bond.
3. Magistrate cannot impose a condition to deposit Passport while granting the bail.

6. Point No.6:- How To draft Bail Application
 name of the Hon'ble Court
 Title of the case
 offence under section 138 N.I.Act
 This offence is bailable offence
 the accused is ready to present bail and bond as per the directions of the hon'ble court
 the accused is resident of India and there is no likelihood to run away
 the accused will abide by the terms and conditions of the bail bond and will appear on each and every date of hearing
 Kindly enlarge the accused on the bail

7. Point No. 7:- Documents required for obtaining bail;-
 Personal identification documents of the accused
 Personal identification documents of the surety
 surety documents of the value as decided by the court
 photographs of the accused and the surety
 Documents of same amount like Property documents, Vehicle Documents, FDR , Any Valuable Security documents
Madras High Court

Regupathi vs Govindan And Anr. on 15 March, 2006
Equivalent citations: 2006 CriLJ 4232
Bench: K Basha

1. If a Magistrate issue a Non Bailabable Warrant in 138 , without issuing a Bailable Warrant, The Hon'ble High Court can grant Anticipatory bail in a petition under section 482 Cr.P.C.

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