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

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.