What is the procedure for bail in a case of cheque bounce?


The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque. This Act has been amended many times since 1881.

According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.

It’s depends on the court, the cash security deposit in each case differs and depends on prima-facie materials of case moreover the amount deposited you will get back after case was disposed , even you can provide person surety owning some property to avoid cash surety.

Nowadays cheque bounce cases are very dangerous… It is descreationary power of the Magistrate to release the accused on depositing certain amount of cash security deposit between Rs. 3000 to Rs. 25,000…It is better to take second legal opinion to defund the case otherwise most of cheque bounce cases may be ended in conviction

Based on jurisdiction of court, court will decide bail amount rather than giving cash surety arrange for solvent surety a person having property…. Contest the case and get bail.
If there’s possibility of settlement try to do that

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.

Reference: The Negotiable Instruments Act, 1881



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