What is non-bailable warrant 138 NI Act?
Answer: The simple answer is yes. Wherever it is necessary to ensure / compel the appearance of the accused in a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881, the Magistrate has the power under law to issue a non-bailable warrant.
Can Police Release accused in non-bailable Offence?
The power to release on bail a person accused of a non-bailable offence is conferred upon only one class of police officers, namely an officer-in-charge of the Police Station under section 437 sub Section (I).
What is non-bailable warrant?
Non- Bailable warrant is nothing but the warrant of arrest and a person can be sent jail after the issuance of such warrant. Issuance of such warrant is much required when the order of conviction is passed and the accused is not in custody. Balance between Personal liberty and the interest of the State.
How do you defend a 138 case?
If the accused or the drawer of the cheque, proves that the cheque issued, was not in discharge of any debt or liability, while issuing the cheque, and it was just given security deposit, hence it does not attract the offence under the Section 138, of the Negotiable Instruments Act.
When should bail be refused in non bailable Offence?
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall.
What is Section 174 of CrPC?
Section 174 in The Code Of Criminal Procedure, 1973. 174. Police to enquire and report on suicide, etc. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub- divisional Magistrate.
What CrPC 313?
Accused is examined in every enquiry or trial by enabling him to explain personally to circumstances appearing in evidence against him. Section 313 of Criminal Procedure Code, 1973 envisages power of the trial court to examine the accused to explain evidence adduced against him.
What is meant by non bailable?
Non-Bailable Offence means any other offence. Bailable offences are regarded as less grave and less serious. Bailable offences are grave and serious offences, For example- offence of murder. Under bailable offences, bail is claimed as a matter of right. Under Non-bailable offences, bail is a matter of discretion.
Which IPC is non bailable?
The following are some examples from Non-bailable Offences under the Indian Penal Code.
- Murder (S.302) IPC.
- Dowry Death (S.304-B) IPC.
- Attempt to murder (S.307) IPC.
- Voluntary causing grievous hurt. ( S.326) IPC.
- Kidnapping (S. 363) IPC.
- Rape (S. 376) etc.
How do I deal with section 138?
Legal action According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.
