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Manjunath   15 August 2020

Have additional cheque for a cheque bounce case

I had given loan to a person for Rs 4.10 lakh. I was given 2 cheques from him.

I have initiated cheque bounce case u/s 138. 

The case is in summons stage right now due to covid-19.

Anyway, I have the another remaining cheque with me.

How can I use it to advantage my case?

At what stage Section 420 complaint can be made?



Learning

 3 Replies

Dr J C Vashista (Advocate)     16 August 2020

Originally posted by : Manjunath
I had given loan to a person for Rs 4.10 lakh. I was given 2 cheques from him.

I have initiated cheque bounce case u/s 138. 

The case is in summons stage right now due to covid-19.

Anyway, I have the another remaining cheque with me.

How can I use it to advantage my case?

At what stage Section 420 complaint can be made?

You may file another case under section 138 of the Negotiable Instruments Act, 1881.

Complaint under section 420 of the Indian Penal Code, 1860 can be initiated simultaneously.

 

G.L.N. Prasad (Retired employee.)     16 August 2020

Take further steps only after consulting the present advocate that is handling the issue, as the cheque has to be used as weapon and what was stated by you in court on this cheque is not known.

P. Venu (Advocate)     16 August 2020

Anyway, I have the another remaining cheque with me. How can I use it to advantage my case?

The query is intriguing. The provisions of NI 138 is not meant for taking advantage of another person, but only for realisation of lawful debt. Your query is totally silent on the debt, if any, owed by the person whose cheques are with you and the circumstances under which the two cheques are with you as well the alleged debt for which the present cheque case is pending..


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