by A Guide to Getting Bail in Section 138 of Negotiable Instrument Act or Section 25 of Payment of Settlement Act
Have you received a summons under Section 138 of the Negotiable Instrument Act or Section 25 of the Payment of Settlement Act? Being summoned to court can be a daunting experience, especially if you’re unfamiliar with legal proceedings. However, obtaining bail doesn’t have to be complicated or expensive. In this guide, we’ll walk you through the steps to secure bail without the need for an advocate and at a minimal cost.
It is advisable to seek the assistance of an advocate when applying for bail in a case of cheque bounce under Section 138 of the Negotiable Instrument Act or in a case of ECS bounce under Section 25 of the Payment of Settlement Act.
However, the cost of advocate fees may not be affordable for some borrowers. In such a scenario, this blog explains how to obtain bail under the aforementioned sections free of cost.
You will need a Rs.10/- court fee stamp for the bail application and another Rs.10/- court fee stamp for the personal bail bond (the court office will execute the bail bond, so you only need to provide the court fee stamp). Total Cost Rs.20/- only.
Make the necessary changes in the format below, print it out, and submit it to the court during your summons hearing. Inform the court that you are representing yourself due to financial constraints and that you will proceed with the case individually. The court will then pass an order for bail, as it is a bailable offense.
Understanding the Situation
Firstly, let’s understand the scenario. Section 138 of the Negotiable Instrument Act deals with dishonor of cheque for insufficiency of funds in the account, while Section 25 of the Payment of Settlement Act pertains to disputes arising out of settlement agreements. If you’ve been summoned under either of these sections, it’s crucial to respond promptly and appropriately.
Responding to the Summons
The summons will typically specify a date for your appearance in court. It’s imperative to adhere to this date. Failure to appear can lead to adverse consequences, including the issuance of warrants against you. Make sure to mark this date on your calendar and prioritize your attendance.
Submitting the Bail Application
On the designated court date, arrive at the courthouse well before the scheduled time. You’ll need to submit a bail application to secure your release until the trial proceedings are concluded. Here’s how you can go about it:
Prepare the Bail Application: You can either draft (As per below bail application format) the bail application yourself or seek assistance from legal aid services, if available. Ensure that all necessary details are included, such as your personal information, details of the case, reasons for seeking bail, etc.
Obtain a Court Fee Stamp: You’ll need a court fee stamp worth Rs. 10 to affix to your bail application. This stamp can usually be purchased from nearby vendors or the court premises itself.
Approach the Court Clerk: Once your bail application is ready and the court fee stamp is affixed, approach the court clerk for further instructions. They will guide you on the procedure for submitting the application and any additional documents required.
Submit the Application: Hand over the bail application along with the court fee stamp to the court clerk. They will process your application and provide you with a receipt as acknowledgment.
Attending the Hearing
After submitting the bail application, you’ll likely be given a time for a bail hearing. Attend this hearing as instructed by the court. During the hearing, the judge will review your application and may ask you questions pertaining to the case. Be honest and respectful in your responses.
Securing Bail
If the judge is satisfied with your application and finds no reason to detain you further, they will grant you bail. This means you’ll be released from custody upon furnishing any additional conditions imposed by the court, such as providing a surety or adhering to certain restrictions.
Conclusion
Getting bail under Section 138 of the Negotiable Instrument Act or Section 25 of the Payment of Settlement Act doesn’t have to be a complex or costly process. By following the steps outlined above and ensuring timely compliance with court procedures,
You can secure your release without the need for an advocate and with minimal expenses. Remember to stay informed, prepared, and cooperative throughout the legal proceedings.
Bail application format
In The Ld. Metropolitan Magistrate’s Court
No. 73, Vikhroli at Mumbai
C.R. No. 4449/SS/2024
HDFC Bank Ltd. …. Complainant
V/s
Mr. Vijay Ramchandra Sontakke …… Accused
Application for Bail
MAY IT PLEASE YOUR WORSHIP :
Bail Application under Section 25(1) of the Payment and Settlement Systems Act, 2007. or Section 138 of Negotiable Instrument Act, 1981 CR No. 4449/SS/2024 submitted by accused above named as follows:
I, Mr. Vijay Ramchandra Sontakke, the accused in the above-mentioned case, hereby submit this bail application under Section 25(1) of the Payment and Settlement Systems Act, 2007 or Section 138 of Negotiable Instrument Act, 1981. I have received the summons to appear in court in relation to the ECS/Cheque bounce case filed by HDFC Bank Ltd.
I am present before this Honourable Court and respectfully apply for bail. This is billable offence and I (accused) ready to furnish bail and bond as per direction of the Honourable Court I am resident of India.
Grounds for Bail Request:
- No Flight Risk: I affirm my commitment to attending all court proceedings and abiding by the directions of this Honourable Court. I have no intention of absconding and am fully cooperative with the legal process.
- No Threat to Witnesses or Evidence: I assure the Court that I shall not interfere with any evidence or influence any witnesses. I understand the importance of maintaining the integrity of the legal proceedings and shall fully cooperate with the investigation.
Assurance of Attendance: I assure the Court of my presence at all future court hearings. I understand the seriousness of the charges against me and am committed to cooperating with the legal process to the best of my ability.
Undertakings:
In addition to the conditions imposed by the Court, I voluntarily undertake the following:
- I shall appear before this Honourable Court on all scheduled dates without fail.
- I shall not leave the jurisdiction of this Court without prior permission.
- I shall promptly inform the Court of any change in my address or contact details.
- I shall refrain from any activities that may prejudice or obstruct the legal proceedings.
- I shall cooperate fully with the investigating authorities if required and comply with any directions issued by them.
In light of the above, I respectfully request this Honourable Court to grant me bail. I assure the Court that I shall diligently adhere to all conditions imposed and shall not abuse the privilege of bail.
Thank you for considering my application.
Yours sincerely,
Place :- Mumbai Mr. Vijay Ramchandra Sontakke
Date :- 28/05/2024 (Accused)
