Non Bailable Warrant under Section 138 NI Act: Don’t Let a Cheque Bounce Land You Behind Bars
Dishonored checks hurt cash flow, but ignoring a court summons can hurt your freedom. When you skip hearings in a Section 138 case, the magistrate’s next move is often a nonbailable warrant (NBW) —a polite legal term for “the police will come get you.” Below is a no-nonsense, SEO-optimised guide to why NBWs are issued, what happens next, and how to regain control—peppered with quick lawyer humour to keep the gloom at bay.
1. Section 138 NI Act in 60 Seconds
Section 138 of the Negotiable Instruments Act, 1881 criminalises cheque dishonour for insufficiency of funds or a mismatched signature. The complainant must:
- Serve a 30-day demand notice.
- Wait 15 days. If payment doesn’t come through, file a complaint within the next 30 days.
- Appear at summons stage. The accused must attend—or risk escalation to coercive processes.
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2. When Does a Non-Bailable Warrant Enter the Picture?
| Stage | Court’s Power | Usual Trigger |
|---|---|---|
| Summons | CrPC § 204-205 | First intimation to accused |
| Bailable Warrant | CrPC § 87 read with § 70 | Non-appearance after summons |
| Non-Bailable Warrant | CrPC § 70–72 | Persistent non-appearance, or willful evasion |
Translation: Ignore two or three hearing dates, and the magistrate may swap friendly paper summons for a police escort. Skip again, and you can expect an NBW—no Netflix binge will save you.
3. Legal Basis for NBW in Section 138 Cases
- CrPC § 70–72 – Defines bailable vs non-bailable warrants and authorises police execution anywhere in India.
- CrPC § 87 – Court may issue a warrant if a summon is disobeyed or if the accused is likely to abscond.
- Supreme Court in Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd., (2001) 7 SCC 401 – Reiterated that NBWs should be issued sparingly but are justified when an accused repeatedly dodges the process.
4. Practical Consequences of an NBW
- Arrest without notice – Airport runs can become literal if a Look-Out Circular is added.
- Police custody until produced before court – You’ll learn jail tea tastes nothing like chai latte.
- Bail gets tougher – Courts often impose higher surety, attach passports, or demand deposit of cheque amount.
5. How to Quash, Recall, or Avoid an NBW
- Immediate Court Appearance & Recall Application
- File an application under CrPC § 70 (2) or § 437, explaining the absence (medical emergency beats “alarm didn’t ring”).
- Carry prima facie proof of medical issues or travel constraints.
- Anticipatory Bail (if arrest imminent)
- Maintain that the offense is compoundable; offer to deposit the check amount.
- Cite M/s Indus Airways Pvt. Ltd. v. M/s Magnum Aviation Pvt. Ltd., (2014) 12 SCC 539 for liberal bail in 138 matters.
- Compounding the Offense—Pay up, file joint compromise, and request case dismissal under CrPC § 320. Fast, clean, and IPO-ready.
- High Court Quashing under CrPC § 482
- Viable for jurisdictional errors or demonstrable abuse of process.
Pro-tip: Always keep the original cheque return memo, demand notice, and courier proof handy—courts love paperwork more than Netflix loves subscription renewals.
6. Smart Ways to Stay Warrant-Free
- Never ignore a summon—send counsel if you can’t fly back.
- Update your address in court records; “wrong address” is still your problem.
- Pre-emptive settlement talks—even post-complaint compromise can stop spiralling costs.
- Maintain a hearing calendar—our firm can sync it with your Google Calendar; no excuses.
7. Why Fastrack Legal Solutions Is Your Best Bet
- Cheque-bounce specialists: We handle pan-India Section 138 and recovery suits—corporate, SME, or individual.
- Rapid recall filings: Same-day drafting for NBW recall motions, backed by real-time court-cause-list tracking.
- Negotiation champions: We secure settlements that salvage business relationships and balance sheets.
- End-to-end litigation: From notice drafting to execution of decree—one retainer, zero surprises.
8. Frequently Asked Questions (FAQs)
Q1. Is a non-bailable warrant really “non-bailable” in a Section 138 case?
Technically yes, but courts often grant bail the same day—provided you show up, apologise, and cough up conditions.
Q2. Can the police arrest me at night?
Yes. CrPC § 70 places no time bar, though local standing orders sometimes avoid late-night arrests in economic offences.
Q3. Does paying the cheque amount automatically cancel the NBW?
No. You must move a formal recall application; payment helps but isn’t an auto-eraser.
Q4. What if I live abroad?
Courts can issue a Blue Corner Notice and secure your presence through diplomatic channels. Hire counsel to file a recall and seek exemption from personal appearance.
Q5. Can an NBW be challenged in High Court?
Absolutely—invoke CrPC § 482 for quashing if the warrant is disproportionate or procedural norms were skipped.
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