Law4u - Made in India

What happens if the accused fails to appear in court for a cheque bounce case?

13-Mar-2025
Cheque Bounce

Answer By law4u team

If the accused fails to appear in court for a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881, the following legal actions may be taken: 1. Issuance of Bailable Warrant If the accused does not appear after receiving the court summons, the court may issue a bailable warrant to ensure their presence. The accused can get bail by providing surety or a personal bond. 2. Issuance of Non-Bailable Warrant (NBW) If the accused continues to remain absent, the court may issue a non-bailable warrant (NBW). This authorizes the police to arrest the accused and produce them before the court. 3. Ex-Parte Proceedings If the accused ignores multiple summons/warrants, the court may proceed ex parte, meaning the case will be decided without the accused’s defense. This often results in conviction and sentencing in favor of the complainant. 4. Proclamation and Attachment of Property If the accused deliberately evades arrest, the court can declare them a proclaimed offender under Section 82 CrPC and attach their property under Section 83 CrPC. 5. Police Action and Arrest The police can arrest the accused if a non-bailable warrant is issued. The accused may have to apply for anticipatory or regular bail to avoid custody. Conclusion If the accused fails to appear, the court may issue a bailable or non-bailable warrant, proceed ex parte, or even attach their property. It is advisable to respond to court summons promptly to avoid legal complications.

Answer By Ayantika Mondal

Dear Client, If a defendant does not appear in a Section 138 Negotiable Instruments Act cheque bounce case, the Court will first issue a bailable warrant in an effort to bring the defendant into court. If the defendant continues to not appear, after a few summons or warrants, the Court will likely issue a non-bailable warrant (NBW). The court may in some cases declare the defendant a proclaimed offender if the defendant also attempts to evade the process by the Court. If that happens, the Court has the power to attach property, and take other action. Therefore, absent legitimate reasons for not appearing, it is to your benefit to appear in court, or through your lawyer, to be perceived as cooperating with the court and the process. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Naresh Maini

Advocate Naresh Maini

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Criminal,Divorce,Domestic Violence,Family,Insurance,Landlord & Tenant,Motor Accident,Property,Recovery,Succession Certificate,

Get Advice
Advocate Shashank Dubey

Advocate Shashank Dubey

Anticipatory Bail,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Motor Accident,Muslim Law,NCLT,Property,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Anup R Patel

Advocate Anup R Patel

Cheque Bounce, Child Custody, Court Marriage, Customs & Central Excise, Criminal, Divorce, Domestic Violence, Family, High Court, R.T.I

Get Advice
Advocate Amaresh Gouda

Advocate Amaresh Gouda

Civil, Cheque Bounce, Wills Trusts, Property, Arbitration

Get Advice
Advocate Ratnesh Gupta

Advocate Ratnesh Gupta

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Muslim Law, R.T.I, Supreme Court, Civil, Consumer Court, Landlord & Tenant, Property

Get Advice
Advocate Sanjay Chunilal Sharma

Advocate Sanjay Chunilal Sharma

Criminal, Court Marriage, Cheque Bounce, Banking & Finance, Anticipatory Bail, Domestic Violence, Family, Documentation, Cyber Crime, Divorce, Breach of Contract, Motor Accident, Recovery, Succession Certificate, Property, Arbitration, Bankruptcy & Insolvency, Consumer Court, Child Custody, Corporate, Customs & Central Excise, Insurance, Landlord & Tenant, R.T.I, Muslim Law, Labour & Service, High Court, Civil, Revenue, Wills Trusts, Trademark & Copyright, Media and Entertainment

Get Advice
Advocate Kapil Chauhan

Advocate Kapil Chauhan

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, International Law, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Prakhar Gupta

Advocate Prakhar Gupta

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Jyoti Dubariya

Advocate Jyoti Dubariya

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, Revenue, Motor Accident, Muslim Law, Recovery, Succession Certificate, Child Custody, Cyber Crime

Get Advice
Advocate Suraj Mishra

Advocate Suraj Mishra

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Divorce, Family, High Court, Domestic Violence, Labour & Service, Supreme Court, Revenue, Medical Negligence

Get Advice

Cheque Bounce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.