The “Bail Application After Surrendering the Accused under Section 138 of the Negotiable Instruments Act (NI Act)” refers to the legal process where an individual accused of an offense under Section 138 of the NI Act surrenders before the court and subsequently seeks bail.
Section 138 of the NI Act deals with dishonor of a cheque due to insufficient funds in the account, making it a punishable offense. When an accused individual surrenders before the court in compliance with the legal proceedings pertaining to this offense, they may file a bail application to secure their release until the trial is concluded.
The bail application involves presenting the circumstances that led to the surrender and reasons justifying the request for bail. Factors such as the nature of the offense, the accused’s criminal record, the likelihood of the accused absconding, and the interest of justice are considered in the decision-making process for granting bail.
The purpose of the “Bail Application After Surrendering the Accused under Section 138 of the NI Act” is to ensure that the accused, after surrendering, can be released on bail, allowing them to continue their routine activities while awaiting trial. It’s an essential legal step that balances the rights of the accused with the legal process, enabling them to participate in the trial proceedings and assert their defense effectively.