Received summon in 138 ni act

You can seek "Bail" only after you get arrested.

However, if you have serious apprehension that you can be arrested in the said matter, it would be wise to apply for Anticipatory Bail and that could be done any time before you are arrested.

Thanks ! one of my partner misused the cheque , he gave the check to one of his friend and they misused it.

When you appear before the court, the magistrate will ask you whether you are taking bail. If you say 'yes' the magistrate will ask you whether you have a surety. If you go with a surety, on the basis of his surety the magistrate may give you bail. Alternatively the court can ask you to deposit a certain amount. The magistrate on his own discretion can give you bail without surety and without deposit either.  For small amounts of the bounced cheque, a person of some standing may rightaway get bail.

The proceeding u/s. 138 NI Act is a bailable offence so on given date appear in court with bail bond with on suriety. Consult a lawyer.

My lawyer said that we can apply bail on second date, there is no compulsion to take bail on first date.

So i am worried . Kindly suggest, if i dont apply for bail on my fisrt apperance in court, will court instruct to arrest me on that day ?

Or after appearing in the court , court will give me another date and then i can apply for bail ?

Please inform me the process .

On first date of hearing if you donot furnish bail bond then court may ask for a PERSONAL BOND VALID TILL NEXT DATE ON WHICH DATE YOU SHALL BE REQUIRED TO FURNISH BAIL  BOND. No formal application for getting bail is required to be filed. Court will not arrest you. You may ask for next date for furnishing the bail bond. 

If you have a lawyer, follow his advice and not confuse yourself with advices given here also.

Originally posted by : parth mishra
	My lawyer said that we can apply bail on second date, there is no compulsion to take bail on first date. So i am worried . Kindly suggest, if i dont apply for bail on my fisrt apperance in court, will court instruct to arrest me on that day ? Or after appearing in the court , court will give me another date and then i can apply for bail ? Please inform me the process .

It can be suitably said that in the light of above-stated responses, it is only reasonable to understand them as practical and true. Therefore, appear on the first day and present your case and adhere to Court's directions thereafter.

I hope your lawyer also will be coming to the court. As I said earlier you follow the advice of your lawyer. When an accused stands before the court or police telling him "you go and come back with bail" is a contradiction. A bail itself is to ensure that the accused does not run away. What is the meaning in asking him "you go now but come back with bail"? In fact sending a summons and asking the accused 'you come here' doesn't appear logical. But the legal system doesn't work logically.