Criminal

We also provide you guidance regarding your Non-Civil problems such as bails, Cheque Bounce or Negotiable things.

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Cheque Bounce/Negotiable instruments act

The Negotiable Instrument Act was promulgated in the year 1881 which was introduced to ease the growth of banking and commercial transactions. The basic purpose was to legalize the system of negotiable instruments. The Act was enforced during British rule and to date, most of the provisions still remain unchanged. The Ministry of Finance is the nodal organization that regulates the system related to negotiable instruments. The process of transfers from one person to another in dealings of monetary value in terms of legal documents is the negotiable instrument. 

The instrument bears the promise to pay the sum of money at an assigned future date or on-demand as the case may be. One of the common examples that we can see in our day-to-day life is a draft that is the specific amount of money payable by the payer or the personal check. There are no certain set of fixed conditions to consider a document as the negotiable instrument; however, for an instrument to be negotiable, it must be signed with a mark or signature, by the maker of the instrument that is the one who issues drafts.

Most of the negotiable instruments transactions can be categorized into three parts. However, there are no explicit statements that it is limited or it must be specified into only three parts. The railway receipts or the delivery orders are also common examples of negotiable instruments.

  1. Promissory notes-This transaction generally takes place between the debtor and the creditor. The debtor creates the instrument promising the amount of money on a specified date. 
  2. Bills of Exchange- This is just the opposite of the promissory notes as this is an order from the creditor to the debtor. Here, the creditor makes the instrument that instructs the debtor to pay the payee a certain amount of money. The bill is created by the creditor.
  3. Cheque- This is just one of the forms of bill of exchange. In this case, the drawee is a bank and such cheques are payable on demand. The bank is instructed by the debtor to pay a certain amount of money to the assigned payee. 

Bails

The term ‘bail’ originated   from an old French verb ‘bailer’ which means ‘to give’ or ‘to deliver’. Bail refers to the provisional release of the accused in a criminal case in which the court is yet to announce the judgment. The term ‘bail’ means the security that is deposited in order to secure the release of the accused.

Bail in case of a bailable offense: In order to get bail in a bailable offense, the suspect has to submit Form- 45 given in the Second Schedule to the court in which his case is being heard. The bail cannot be granted without the court’s approval. Bail in case of a non-bailable offense: When the suspect is accused of committing a non-bailable offense, he has to submit the same form as above before the Court in which his case is being heard, but, granting of bail is at the discretion of the court only.

Payment of Bail Amount: The bail amount that the accused has to deposit is also based on the discretion of the court. However, in criminal cases with lower gravity, a standard amount is set by convention and practice which needs to be deposited for awarding the bail.