Legal Question in Banking Law in India

Re: check bouance

Yes.

Re: check bouance

yes, its summary trial

Re: check bouance

Dear Sir/Madam,

This is in furtherance of your query:

Whether S. 138 matter is bailable offence?

The answer is yes; an offence under Section 138 of the Negotiable Instrument Act is a bailable offence.

The procedure for conducting matters pertaining to offences under S. 138 of N. I. Act has been laid down in Sections 141-143 of the N.I. Act. This is for your kind information that an absence, for single date of hearing, may attract the issuance of Non-bailable warrant against that particular accused.

You may be provided with exact opinion, in case facts and circumstances would be provided to us.

Thanking you,

Best regads,

Pratap Shanker

Advocate

for Law offices of Pratap Shanker

1009, Pragati Tower,

26, Rajendra Place,

New Delhi- 110 008.

Phone: +91-11-32424263, +91-9891200224 (M).

Fax: +91-11-25728898.

Email: [email protected],

Re: check bouance

First thing to know in respect of prosecution for offence under Sec.138, it is a non-cognisable offence, in that, it has to be by private complaint to Magistrate. Only summons alone will be issued after the Magistrate entertains the complaint. Only when the accused fail to appear after receipt of summons, the complaint has to apply for bailable warrant. It is therefore a bailable offence

Re: check bouance

First thing to know in respect of prosecution for offence under Sec.138, it is a non-cognisable offence, in that, it has to be by private complaint to Magistrate. Only summons alone will be issued after the Magistrate entertains the complaint. Only when the accused fail to appear after receipt of summons, the complainant has to apply for bailable warrant. It is therefore a bailable offence