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Env Coord (.)     11 October 2023

Sec 138 ni act & sec 420 ipc in same case

Synopsis:
Creditor 'C' lent money in cash through numerous transactions amounting to Rs.50,000/- to Debtor 'D'. Debtor 'D' acknowledged receipt of sums in cash via SMS and Whatsapp. 
After waiting for 3 months when 'D' failed to repay money to 'C', 'creditor' filed online complaint to local police station 15 days ago. 
PS sent notice to both C & D asking them to be present at a certain date. 'C' was asked by Police to bring along with him documents in support of his online complaint. However a week ago (i.e.) 6 days after receiving letter from PS, the Debtor met with Creditor and handover a cheque of Rs. 20,000/-. Till now 'C' has not followed up with Police since the receipt of letter 15  days ago. 


Query:
1. If C presents the cheque (of Rs. 20,000/-) and if the cheque bounces due to insufficient funds, then can the Creditor 'C' file 'Section 138 NI Act case' in addition to Section 420 IPC for balance Rs. 30,000/-?

2. Will both cases be filed against debtor 'D' before the same Court in one complaint or separate complaint needs to be filed for Section 138 N.I.ACT case & Section 420 IPC ?

Awaiting possible legal advice.



Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     12 October 2023

( 1 ) yes,'C' can initiate proceedings under sec 138 N.I.Act also .

( 2 ) Complaints u/sec 138 N.I.Act and  sec 420 IPC are to be filed separately  in the courts having jurisdiction. 

2 Like

Real Soul.... (LEGAL)     12 October 2023

Moot court...


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