138 ni-summons case-bail bonds or surety bonds-mandatory or imperative?

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• • March 7, 2018 at 12:34 am #4123
    yousuf-husain

    Guest

    respected sir
    whether in a 138 ni case is it mandatory or imperative on the part of the court, at the very first appearance of the accused in the court, to take bail bonds or surety bonds of the accused? 138 ni act being a summons case cannot he/she be released on personal bond only? any judgement or authority of any high court preferably of madras or andhra high courts.please advice.
    i have already posted this query under the title-{ 138 ni-83(1) crpc-receiver of moveable property-‘articles belonging to’ or fixtures’ }.

  • March 8, 2018 at 12:14 am #4131
    Dr. Ashok Dhamija

    Advocate

    The offence of cheque bounce under Section 138 of the Negotiable Instruments Act is a bailable offence. In view of this, considering the provisions of Section 436 of the Criminal Procedure Code, it is permissible for the Magistrate to release the accused only on a personal bond. It is not mandatory to always insist for the bail bond of sureties. Language of Section 436 Cr.P.C. itself clear in this regard, and there should be no need for any judgment in this regard.

         

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    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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