NI Act 138 BAIL PROCEDURE – requirement of surety

[Rajesh Sharma]

I am resident of UP (not NCR). A cheque bounce case under NI Act 138 has been filed against me. Pls tell me the requirements and d procedure to obatain bail. Can I bring the sureties from my home town of UP, or they shud b from Delhi only.

[Dr. Ashok Dhamija]

The offence of cheque bounce under Section 138 of the Negotiable Instruments Act is a bailable offence, where getting bail is a sort of right.

As per the provisions of Section 436 of the Criminal Procedure Code, which deals with bailable offences, the court has the power to release the accused in such cases even on his personal bond without sureties. It is the discretion of the court whether to dispense with sureties.

Further, while generally local sureties are insisted, the court has power to accept outside sureties. Moreover, as mentioned above, even personal bond without sureties can be accepted by the court. Further, cash security can also be accepted in appropriate cases by the court in lieu of the sureties.

     

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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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