Pattu Kutty (none) 12 February 2011

cheque bounce clarification

Dear Lawyers / Experts,

I have filed a criminal case under NIA 138 against my tenant for cheque bounce. The accused appeared in court last month and did not come for the next hearing. Due to this a bailable arrest warrant was issued to him; for which he was arrested by the police and produced before the magistrate court last week. The accused easily got his bail moved, within hours of being produced in the court.

Now my doubt is : Can he escape the punishment / further imprisonment if he makes good the amount he defaulted?

How does the judge go about the case in the next hearing, which is due next week?

What happens, if he fails to appear in the court next week for the hearing?

If he is issued an arrest warrant, will it be bailable or non-bailable?

Also can he get an anticipatory bail before hand even without appearing in the court?

PLEASE HELP ME AS WE ARE CONFUSED

Thanks

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2 Replies

A.VIVEK ADVOCATE (ADVOCATE) 12 February 2011

DON'T WORRY LAW /JUDGE WILL TAKE CARE ABOUT YOUR CASE.DEFINATLY ACCUSED WILL BE PUNISHEDBU THAT WILL TAKE TIME.IF THE ACCUSED IS NOT PRESENT IN THE NEXT HEARING CASE HIS COUNSEL CAN FILE A PETITION FOR HIS APSENCE.AGAIST THE WARRANT THE ACCUSED CAN GET ANTICIPATORY BAIL.