What is proclamation in 138 ni act

dear Queriest

Despite issuing summons and notices and after receiving the summons if the Accused Respondent does not appear before the court he will be declared as absconding and proclamation will be issued by the court and look out noticeswill be pasted all over.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

, I have got summon on Friday of court for 138 and hearing is after tow days .. as of now I have not got any copy of complaint etc .. hence I have not hired any Advocate till now and thinking to appear in court for first hearing without advocate so is it necessary to apply for bail on first hearing it self? during first hearing it self do I have to apply for bail compulsory or I will be given time to appoint lawyer and next date will be given. once I get copy of complaint looking at same I am thinking to appoint lawyer later ..plz advise on bail part and appointing lawyer after seeing complaint is good or no

As the offence under section 138 of  Negotiable Instrument Act is biable So, there is no need to get bail you have to appear yourself but if you not appear in court your Bailable warrants shall be issued.

Dear Mr. Love, 

As per your query, proclamation under Section 138 of Negotable Instrument, is an official written statement published by the Court to the accused requiring him to appear in thirty days in specific place and in specific time from the date of the issue of the proclamation, when it has been found that an accused is trying to conceal or escape so that warrant cannot be proceeded against him then.

Also, it shall be readout in conspicuous place where accused resides and affixed in conspicuous part of accused house as well. One copy will be affixed in conspicious part of the Court room as well.