Complaint case

VIJAY K. TEOTIA (Querist) 20 July 2016 This query is : Resolved
sir
I am filing a complaint under 138 of N.I.Act.I have documentary evidence to prove offence under 409/420/120 B of IPC also.
My question is that can we file complaint under section 138 of N.I.Act along with 409/420/120 B of IPC?
There are conflicting judgements reg clubing other sections of IPC with the complaint under N.I.Act.
Thanks

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Advocate Bhartesh goyal (Expert) 20 July 2016
Don't file composite complaint u/s 138 of N.I.Act and sec 420/409/120B of I.P.C.As ingredients of both the offences are different.offence of sec 138 of N.I.Act is based on presumption whereas there must be mens rea to prove offense of sec 420 of I.P.C.

Rajendra K Goyal (Expert) 20 July 2016
Agree with the expert Advocate Bhartesh goyal.

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