U/S IPC 420 & N I ACT 138
GIRISH AGRAWAL
(Querist) 11 August 2009
This query is : Resolved
IS POSSIABLE TO FILE CASE( or Complain for Fir ) U/S IPC 420 & N I ACT 138 OF SINGLE CHEQUE ?
Brief of case:-
(A Person cheats me Rs 150 lace of their six month scheme .That person promises to me after six month he will pay Rs2.25 lace of Rs 1.5 lace. I deposited Rs 1.5 lace & he gave me a Cheque behalf of my deposit amount. After 6 month the cheque has been bounced & I filed case u/s 138 N. I. ACT.)
K.C.Suresh
(Expert) 11 August 2009
The ingredients of 420 attracted. S 138 is also attracted. Answer is positive.
Kiran Kumar
(Expert) 11 August 2009
the question here is to attact liability under S.138 NI Act, whether u ll be able to prove legally enforceble debt as required under the said section.
will u be able to prove that u were in position to lend so much of money and some legally enfroceable debt or agreement was created.
cheating is an outcome of separate cause of action and S.138 NI Act is an outcome of separate cause of action.
pls read the contents of the said provisions and apply the same to the facts of the case....few recent judgments esp in the year 2008 (by SC) will be of some use to you.
Sarvesh Kumar Sharma Advocate
(Expert) 11 August 2009
if u file two seprate cases u/s-138 n.i.act 4 cheque bouncing & 420 ipc 4 cheating dn there is some remedy 4 u.
but if u want 2 file both cases togather dn negotiable is a specific law and d defnition of cheating is hidden in 138 n.i.act.
Nishith P Thakkar
(Expert) 12 August 2009
dear friend
read
2000(2)scc 636
"G.sagar suri" case of supreme court.
malafide intention from the beginning is material allegation to attract sec.420.
both the proceeding is possible in ur case. in the case of s,420 u should make the ground for criminal breach of trust other than return of cheque.
the promise which is under breach is something that provide u allurance it terms of return benefit and which is other then the enchasement of cheque. where as in the complaint under section 138 the crux of the matter is the return of cheque and no other breach of promise. find distinction in both , reduce it in complaint as a ground.
nishith p.0 9978112791
Ravi Arora
(Expert) 14 August 2009
No , sec. 420I.P.C and 138 of N.I.Act both r not possible for the same cheque
Sachin Bhatia
(Expert) 10 October 2009
No , sec. 420I.P.C and 138 of N.I.Act both r not possible for the same cheque.
