Cheque stopage cheating case

A cheating case can be lodged in police station u/s 420 and not u/s 141 against you. This is a non bailable case and if you live within the jurisdiction of the police station where the case is filed, you will have to be extra careful to evade arrest.

A 138 NI case can only be filed in a court as a private complaint and that too after giving a legal demand notice. Since they have already issued you a notice, keep a tab on the police station as well as in the concerned civil court. 138 NI is a bailable case.

You can settle the issue out of court because if they initiate both actions against you, you will be in trouble. You can also chose to fight back.

For 420 IPC, you will have to apply for AB in the session court or high court u/s 438 of crpc.

For 138 NI, you will have to keep tab on the case till the summons are issued for your appearance. It may take between 3-6 months. You can engage a local lawyer once the cognizance is taken by the hon. magistrate.

I strongly recommend to settle the matter out of court if the amount involved is less that a coupe of lakhs.

Thank you sir for your quick response. As you said to settle case outside the court, they are not ready to do that at any cost they want to file an case on me.

What action I have to take if they file 420 case on me ?  Is Arrest compulsory ?

Is the police station in your area/city/state?

If the police station is in your area, then keep a tab on the police station through some thana dalals and if an FIR is registered then stay away from home and apply of AB.

If you do not live in the vicinity of police station then chance are that the FIR will not be registered at all and even if it is registered, you will get enough time to apply for AB.

We both are from same state but not from same town, I stay quite far that place and Its over night journey. Sure I will be monitoring that FIR as registered or not.  Cheque stoppage also comes under section 420 ?  As I given prior notice for stoppage of cheque.

Yes. If they can make a case of 420 out of a bounced cheque and file it simultaneously with a 138 NI case. Both the cases are maintainable. 

Can I get the AB before they file FIR on me? 

It is very difficult to prove that you have a credible fear that a false FIR will be filed against you. Since you live in a different city, wait for the FIR to be registered. Get a certified copy of the FIR from court and then apply of AB.

Sir,

Got an update from police station, they asked them to file case through court. Police didn't registered FIR for cheque stoppage. It seems for cheque stoppage cheating case (Sec 420) should be filed from court, police wont accept the case until it comes from court.

Police can register an FIR us420 IPC but since u live in another city, they will not be able to get any money from you. So they have not registered the FIR. But still the opposite party can file a petition and get an order to  register the FIR. So keep tab on the cases.