Adv Guru Piyush Shukla 14 June 2018
Vanshika Kapoor 16 June 2018
Offence of cheque bounce under Section 138 NI act, of the Negotiable Instuments Act is a bailable offence, where getting bail is a right. As per teh provisions of Secrion 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 surities. It is the discretion of the court whether to dispense with surities.
Further, while generally local surities are insisted, the court has power to accept outside surities. Moreover, as mentioned above, even personal bond without surities can be accepted by the court.