Bail is not really a favor but a suitable within a bailable offense. Granting bail is not really a make any difference in the court docket's discretion inside a bailable offense. Somebody accused of a bailable offense is entitled to bail irrespective of whether filed ahead of the law enforcement or even the Periods Court docket at Bangalore.
Section 139 of NI Act delivers that it shall be presumed which the holder of a cheque acquired the cheque of the character referred to in Part 138 of NI Act to the discharge, in total or partially, of any personal debt or other liability.
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Bail is A short lived launch of the accused man or woman awaiting demo, on surety bond. There are a few different types of bail prevailing in India which might be:-
The Court attempting an offence less than part 138 may possibly purchase the drawer from the cheque to pay for interim payment to the complainant, not exceeding twenty% of the amount of the cheque.
Over the bail Listening to, the Classes Choose considers all the grounds, proof, and information to ascertain whether or not bail need to be granted.
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Cheque bounce is often a non-cognizable offence and for this reason, the law enforcement does in a roundabout way entail with get more info the situation considering that they do not have any jurisdictions. On tclick here filing the non-public grievance, the Courtroom concerns a summon for the accused to get accessible throughout the proceedings.
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In keeping with Segment 138 on the Act, the dishonour of cheque is punishable by imprisonment up to 2 many years or with monetary penalty or with both equally. After the amendment of 2002 the imprisonment Which may be imposed may well increase to two several years, though fine may possibly prolong to twice the amount of cheque.