138 of n i. act and 420 & 406 ipc

Mumtaz (Querist) 16 May 2012 This query is : Resolved
My query is that the accused is acquitted in the complaint case u/s 138 of NI Act. Crl. appeal u/s 378 is pending before Hon'ble High Court. The accused is appeared after issuing the NBW against him. the complainant wants to file the complaint before the commissioner of police u/s 420 & 406 of IPC separately as the MM did not hear the above said case on merit and acquit the accused. Now my query is after passing almost 2 years, the complaint under section 420 & 406 can be made out against the accused, other question is that the formal intimation to police officer is necessary before the filing of 156(3) of cr.P.C or on the mere basis of 138 complaint, i can file the complaint against the accused under the above said sections.the said cheque got bounced on 23.03.10.

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SAINATH DEVALLA (Expert) 16 May 2012
NI ACT is entirely different from ipc.Cheque bounce comes u/s 138 NI ACT and not ipc.Hence sections 420 and 406 are not attracted.
Section 420. Cheating and dishonestly inducing delivery of property

Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 406. Punishment for criminal breach of trust.
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Now that appeal u/s 378 is pending in the high court,you have to wait till the outcome.

Nadeem Qureshi (Expert) 16 May 2012
Dear Querist
Mr. Sainath is rightly explain

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 May 2012
You have missed the bus, your pleadings should have been from day one in the complaint to attract these sections.

Another irony of over zealous complainants like you is that if and if the proper pleadings from day one are there in the complaint and the accused is convicted than ONLY other sections may be attracted.

on acquittal all your accusations are gone.