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 Venu Tandra

Advocate Venu Tandra

Civil, Child Custody, Breach of Contract, Cheque Bounce, Banking & Finance, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, Insurance, Immigration

Get Advice
Advocate Satyabrata Samal

Advocate Satyabrata Samal

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

Get Advice
Advocate Anil Aggarwal

Advocate Anil Aggarwal

Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Property, R.T.I, Recovery, Succession Certificate, Revenue, Motor Accident, Wills Trusts

Get Advice
Advocate P M S Jayananda

Advocate P M S Jayananda

Anticipatory Bail,Cheque Bounce,Child Custody,Civil,Consumer Court,Criminal,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Property,Supreme Court,Wills Trusts,Revenue

Get Advice
Advocate Rajesh Kumar Mehla

Advocate Rajesh Kumar Mehla

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family

Get Advice
Advocate Sundar Singh Tomar

Advocate Sundar Singh Tomar

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

Get Advice
Advocate Aniket Suryakant Pawar

Advocate Aniket Suryakant Pawar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Family, High Court, Domestic Violence, Bankruptcy & Insolvency, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Patent, Property, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Romesh Pratap Singh

Advocate Romesh Pratap Singh

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Supreme Court

Get Advice
Advocate Vivek Kumar Jagariya

Advocate Vivek Kumar Jagariya

Banking & Finance, Cheque Bounce, Child Custody, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Patent, Recovery, Startup, Tax, Trademark & Copyright, Corporate, Anticipatory Bail, Breach of Contract, Bankruptcy & Insolvency

Get Advice
Advocate Yandamuri Uma Mahesh

Advocate Yandamuri Uma Mahesh

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Bankruptcy & Insolvency, Child Custody, Court Marriage, High Court, Trademark & Copyright, Wills Trusts

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.