Cheating – Agreement to sell could not fructify into sale deed and in subsequent negotiations, four cheques totalling a sum of Rs. 30 Lakhs were handed over to the complainant -- Cheques dishonoured, complaint u/s 138 of the NI Act filed -- Thereafter FIR u/s 420, 120B IPC – Petition for pre-arrest bail allowed.

(SC) Decided on: 16.08.2022

Non-bailable warrants – Held, petitioner has been summoned for an offence u/s 138 of the N.I. Act which is a bailable offence -- Hence, there is no occasion for apprehension of arrest and detention in a bailable offence provided the petitioner is ready and willing to comply with the conditions set forth by the concerned Illaqa Magistrate for granting him the concession of bail – Petition withdrawn with liberty to move an application/petition for bail before the concerned Illaqa Magistrate.

(P&H HC) Decided on: 06.05.2022

Cheque bounce case -- Proclaimed offender/person – Petitioner met with an accident and suffered fracture in his leg and arm, due to which, he could not walk -- He requested his counsel for his exemption, but due to some reason, he could not move appropriate application before the trial court -- Petition disposed of with a direction that, in case, the petitioner surrenders before the trial court within a period of one week, he shall be admitted on bail. Cost of Rs. 10,000/- imposed.

(P&H HC) Decided on: 22.02.2021

Cheque bounce case -- Warrant of arrest -- On account of an accident accused got fracture on his leg and could not appear -- Accused shall surrender before trial Court within fifteen days positively and on surrender, he shall be enlarged on bail on his furnishing personal/ surety bonds to the satisfaction of trial Court.

(P&H HC) Decided on: 01.10.2020

Proclaimed person – Petitioner ready to deposit 20% of cheque amount of Rs. 5 lacs – Petition disposed of with a direction to the petitioner to surrender before the trial Court within 10 days, on doing so, he shall be released on bail.

(P&H HC) Decided on: 30.09.2020

Absence of accused – Non-bailable warrant – Accused remained absent without any intimation to the trial Court that is why the trial Court forfeited his surety and issued non-bailable warrants -- Without finding any fault with the order of the trial Court and Sessions Court, looking to the peculiar facts that the cheque amount of Rs.1,00,000/- is involved and the case being u/s 138 NI Act, there is no point to put the petitioner in custody – Non-bailable warrant set-aside, petitioner is granted anticipatory bail on the bail bonds earlier furnished by him before the trial Court.

(P&H HC) Decided on: 26.07.2017

Proclaimed offender in cheque bounce case – Point for determination is whether the petitioner has been rightly declared proclaimed offender -- Otherwise also, the offence u/s 138 of the Act is bailable in nature -- Petitioner has already given an undertaking that he would submit to the process of law and would furnish the bail bonds to the satisfaction of the trial Court – Direction given to the petitioner to appear before trial court and furnish bail bond has been complied with – Interim order is made absolute.

(P&H HC) Decided on: 07.04.2015