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Yes, anticipatory bail can be granted in economic offences under Section 438 CrPC, but the Supreme Court has emphasized that it should be granted sparingly and only in exceptional circumstances.
Relevant Precedents
P. Chidambaram v. Directorate of Enforcement
2019 SCThe Supreme Court held that economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. Anticipatory bail in such cases is an exceptional power.
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Under Section 138 of the Negotiable Instruments (NI) Act, 1881, the bouncing of a cheque due to insufficient funds is a criminal offence. The key ingredients required to constitute an offence under Section 138 are:
- The cheque must be drawn for discharge of a legally enforceable debt or liability.
- The cheque is presented to the bank within its validity period (usually 3 months).
- The cheque is returned unpaid due to insufficient funds or it exceeds the arranged amount.
- The payee issues a statutory demand notice within 30 days of receiving information about the dishonour.
- The drawer fails to make the payment within 15 days of receiving the notice.
Key Precedents
Dashrath Rupsingh Rathod v. State of Maharashtra
2014 SC
Clarified the territorial jurisdiction for filing complaints under Section 138.
K. Bhaskaran v. Sankaran Vaidhyan Balan
1999 SC
Detailed the five components required to complete the offence under Section 138.
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