criminal suit u/s420 IPC

P.C. Joshi (Querist) 22 October 2009 This query is : Resolved
Hi,
Pls advise me whether one can file criminal complaint u/s 138 NIA and criminal suit u/s 420 IPC samultaneously in the following case.

A appointed B as his agent whose role is only to take orders from the customers and collect the payment on behalf of A against certain % of commission to be paid by A.

B by forging some docs and in collusion with bankers collected huge amounts from the customers in his name instead of A, when A came to know he terminated agency and ask B to remit the money collected fraduently. B issues some cheques to A which on presentation bounced. A filed complaint u/s 138. The cases are pending for last 6 years in the courts.

at this stage can A file a criminal suit against B u/ 420 IPC and whether it will be of any benefit at this stage.

regards

P.c. Joshi

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adv. rajeev ( rajoo ) (Expert) 23 October 2009
Yes he can file a criminal case u/s420 of iPC along with NI Act.
You have said cases are pending. It is not clear in your question whether already cases are filed u/s 420 or not?
If cases are filed u/s 138 only, at this stage after 6 years he cannot file a criminal case u/s 420 of ipC, it amounts to belated complaiant.

Sarvesh Kumar Sharma Advocate (Expert) 23 October 2009
filing a criminal case u/s420 of iPC along with NI Act is not maintable.

Sarvesh Kumar Sharma Advocate (Expert) 23 October 2009
for more detail go through-
Forum Home > Criminal Law > whether 420 ipc and 138 NI ACT will lie symultaneously ?

04 October 2009, 11:58

kumarpsalil

sirs,

when a cheque was presented in bank, it was returned with an endorcement that " account closed".so, i have filed a complaint before magistrate court u/s 138 NI ACT r/w 420 IPC .Is there anything wrong with my decision ? court is of the openion that , since sec.420 ipc is included, sworn statement has to be taken .some of my friends informed me that sec .138 was enough , and as now 420 ipc is included , it will be difficult to prove " intention to cheat " fro the very begning itself.

plase advice me sirs !

also, give me rulings, helpful to the complainant .

whether i can "not press "/ take back my complaint and file fresh u/s 138 NI ACT ?

Sarvesh Kumar Sharma Advocate (Expert) 23 October 2009
there a lot of discussion has been given on this issue!

mahendra rai jain (Expert) 23 October 2009
for complaint u/s 420 you have to be proved date of knowledge of offance. it is 6 year back. so it seems to be difficult to got success.