Response

According to section 138 of the Negotiable Instruments Act, 1881, the dishonour of cheque is a criminal offence. It lays down the punishment for dishonour of cheque as imprisonment up to two years or with monetary penalty or with both.

It is advisable to not travel abroad if a case is going on and pending in India. You may travel abroad if the Court has passed an order restraining you to travel abroad. But in the current criminal case, it may be an offence if you do not attend the court continuously for long period. You may go abroad only for a short time but you will have to be back and present in the Court whenever there is a hearing or your presence is required.

If you do not attend the Court hearing, the Court will first issue a bailable and then a non bailable warrant.
The person who stood surety will be served a notice and he will be asked to deposit the surety amount.
Lastly, the Court will declare you Proclaimed Offender and will order for attachment of your property in India and a criminal case will be filed against you so that whenever you will come back to India, the police will arrest you immediately.

Reference: Negotiable Instruments Act, 1881

202100190-20210024-4125

LAWAYZ-2023-161