A case can be filed under Section 138 of the Negotiable Instruments Act and proceedings for same are considered to be criminal proceedings. Any other criminal proceeding can be initiated against the accused in case if the complainant wants to pursue it and there is no bar on filing another criminal case related to same problem. Punishment u/s 138 proceedings can be imprisonment upto two years and fine which can be double the amount of the cheque issued. Also under Section 143 of Negotiable Instruments Act, the magistrate has to try to carry on the proceedings summararily and if he is of the view that the punishment can be upto a year in a certain case u/s 138 of NIA then he can continue it as summons trial by recording the reasons. Under Section 143, the magistrate should endeavour to dispose of the case within 6 months and day to day proceedings should take place.This is inserted by 2002 NIA amendment for early disposal of cases.
Case Laws- Sangeetaben Mahendrabhai Patel vs State Of Gujarat & Anr CRIMINAL APPEAL NO. 645 of 2012, the Supreme Court clearly held that cases under IPC can be pursued along with case u/s 138 of Negotiable Instruments Act.
The Apex Court in the case of Makwana Mangaldas Tulsidas vs The State Of Gujarat, SPECIAL LEAVE PETITION (CRIMINAL) NO. 5464 OF 2016, Indian Bank Association & others v. Union of India and ors., (2014) 5 SCC 590 and Meters and Instruments Private Limited and anr. v. Kanchan Mehta, (2018) 1 SCC 560 has laid down that the cases of cheque bounce should be disposed of in a speedy manner and trial should be conducted on a day to day basis in such cases
