Answer By law4u team
Yes, an arrest warrant can be issued in cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881. However, it depends on the stage of proceedings and the accused’s response to the court summons. Process of Issuing an Arrest Warrant in a Cheque Bounce Case Legal Notice to the Drawer The payee must send a legal notice to the drawer within 30 days of cheque dishonor, demanding payment within 15 days. Filing of Complaint If the drawer fails to pay within 15 days, the payee can file a criminal complaint before a Magistrate within 30 days after the notice period ends. Summons Issued by the Court The Magistrate may issue a summons to the accused to appear in court. If the accused appears and cooperates, no arrest warrant is issued. Non-Appearance Leads to a Bailable Warrant If the accused ignores the summons, the court may issue a bailable warrant to ensure appearance. Non-Compliance with Bailable Warrant – Non-Bailable Warrant If the accused continues to evade court hearings, the Magistrate can issue a non-bailable warrant (NBW) to secure presence. This may lead to arrest and detention until bail is granted. Key Points Arrest is not automatic in cheque bounce cases. A non-bailable warrant is issued only if the accused repeatedly fails to appear in court. Courts generally prefer summons and bailable warrants before issuing an arrest warrant. The accused can apply for anticipatory bail under Section 438 of CrPC if an NBW is issued. Conclusion An arrest warrant can be issued in a cheque bounce case only if the accused does not appear in court despite summons and a bailable warrant. However, it is a bailable offense, and the accused can secure bail.
