DISHONOUR OF CHEQUE UNDER NIA SEC 138
Rajesh Tandon
(Querist) 24 March 2011
This query is : Resolved
This query assumes its importance in the light of the fact that a criminal case in the court of the law is pending against my previous tenant underNIA SEC 138 for dishonour of cheque or insufficient funds. Subsequently, I applied for the copy of a court order sheet, which I got and I have sent the same copy ( as a proof of summons issued by the concerned court) to the Department of my previous tenant (since he is a state government employee). I asked about this query from lawyer club of India as to what action can be taken by the department in this matter since a criminal case is pending against the individual. One of the experts have suggested that since no criminal FIR has been filed, the Department may not take cognizance of the same. Therefore, please clarify," should I have filed a criminal FIR also along with filing a criminal suit in the court"? Is there any provision for simultaneous action i.e. filing of criminal FIR as well as criminal suit?
Guest
(Expert) 25 March 2011
Dear Rajesh,
You cannot lodge a post-facto FIR when the case is already subjudice.
No action becomes due on the part of the concerned department of the employee merely on the basis of copy of summons.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 March 2011
