Can the police file u/s 420 ipc in the cheque bounce case?
GANGAM.RAJENDER.
(Querist) 06 September 2013
This query is : Resolved
in the cheque bounce case the police can file ipc u/s 420 against the person.police persons are insisting and harrassing the accused which case was reffered to the police u/s 200 of crpc.
in this case can the accused directly approach the hon'ble court to appear in this case.? still the police has not registered the case and they are harrasing the accused person opposite party is very politically influenced one sir.
pls give me the suggestion.and give me the solution for this problem sir.
Sankaranarayanan
(Expert) 06 September 2013
what reason the cheque was bounced. without complaint the police never proceed any case
Dr J C Vashista
(Expert) 07 September 2013
There are number of reasons for dishonour of cheque and the complainant can insist on filing a case of cheating or fraud when the complainant has sufficient evidence.
GANGAM.RAJENDER.
(Querist) 07 September 2013
reason for dishonour of cheque was "insufficient funds" .my query is directly can the complainant file directly in the police station u/s 420 with the evidence of cheque and bank receipt "insufficient funds".?
can the accused without going to the police station directly approach the hon'ble court,the accused partly paid the amount which was orally PAID .
GIVE ME THE SOLUTION SIR.
V R SHROFF
(Expert) 07 September 2013
yes , it is crime u/s 420, and police can arrest.
provision for 138 as well as IPC Police
Rajendra K Goyal
(Expert) 07 September 2013
Case for cheating, fraud and cheque bounce both can be filed. In cheating / fraud case the person can be arrested.
Dr J C Vashista
(Expert) 08 September 2013
The complainant has the right to file a complaint in police station u/s 420 of cheque dihonoured for "insufficient funds".
However,the accused can approach the court if complainant has already filed a case/complaint and complainant is willing to accept/has already accepted money (directly or through intervention of the court or Alternate Dispute Redressal Forum i.e, mediation etc.)
You will have to provide all the facts and information to PS if the complainant chooses to move for a complaint u/s 420IPC
GANGAM.RAJENDER.
(Querist) 08 September 2013
sir, in the ni act 138 case has been registered for four years back.since two years accused not appearing the court and nbw was pending and from six months the complainant also not appearing the court and the advocate not giving any information about the case.
now can i proceed with section 82 @ 83 of crpc. if it is possible pls provide the application proforma for crpc 82 and related citations sir.
pls give me valuable suggestion.
thank you sir,
Raj Kumar Makkad
(Expert) 09 September 2013
You can definitely invoke sections 82 and 83 of criminal procedure code in the given case but we not provide performa so contact your lawyer for that purpose.
Rajendra K Goyal
(Expert) 09 September 2013
Contact your lawyer for the performa.
Dr J C Vashista
(Expert) 10 September 2013
Please be sure your problem is with the accused or your advocate?
Invoking provisions of section 82 & 83 Cr. PC is the correct wy out.
GANGAM.RAJENDER.
(Querist) 10 September 2013
my problem with our adv and accused sir,i am also practicing as an jr advocate .but i do not know how to proceed and file with crpc section 82 @83
we are in below district rank courts, no one has not providing proforma, they do not know how to file application u/s 82 crpc in the court. herein
i am the complainant .pls give me details my
email add is gangam.rajender@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 September 2013
1) Your query started as if you are far accused, now it seems you are far complainant.
2) If where about of accused is not known than no use of any action u/s 82, 83 since the case will go sine die.
3) And the procedure is expansive since you have to publish advt in local papers and get property documents for attachment.
And even after all these efforts the attachment can be lifted any time after appearance of accused.
So try to find out first the where about of the accused.
Rajendra K Goyal
(Expert) 11 September 2013
well advised by the Expert ADVOCATE DEFENSE.
Nothing more to add.
