Sec 340 complaint on sec 138
D.G. Mohan
(Querist) 19 August 2014
This query is : Resolved
I am accused in sec 138. I have document which proves that the blank cheque was delivered to another person 7 years ago as security,who is no more and complainant has misused the cheque now and filed the case. Can we file another complaint against the complainant under sec 340 with all the records in the same Court.
malipeddi jaggarao
(Expert) 20 August 2014
First of all defend yourself in the case under Sec.138 of NA. You can think of taking action once you could prove the misuse.
Devajyoti Barman
(Expert) 20 August 2014
Unless there is apparent and prima case of forgery, petition u/s 340 does not lie.
Advocate. Arunagiri
(Expert) 20 August 2014
If he give any false statement in the evidence, in the court proceedings, you can file a petition u/s 340 cr.p.c.
Arvind Singh Chauhan
(Expert) 20 August 2014
After Apr 2014 all the old cheque book were replaced by banks. How it is possible that bank accepted such a old cheque. Inquire please.
Rajendra K Goyal
(Expert) 20 August 2014
First defend yourself in the case 138 NI Act.
ajay sethi
(Expert) 20 August 2014
fight 138 Ni case on merits first
D.G. Mohan
(Querist) 20 August 2014
If we file case under sec 340, what view will the Court may take.
Advocate. Arunagiri
(Expert) 20 August 2014
The court will dispose that petition in accordance with law.
Raj Kumar Makkad
(Expert) 20 August 2014
You need to confine yourself on all the positive points in your case like transfer of the complaint at the place wherein such cheque was bounced means the wherein the bank branch of the accused is located, no liability towards the complainant on the same of the alleged issuance of the said cheque etc. Proceeding under section 340 can be initiated even after conclusion of the case.
Shonee Kapoor
(Expert) 21 August 2014
I would say that file an application u/s 340 against such misusers, that would disclose your defence as well and may settle your case.
340 application once filed would need to be decided by the court even if it decides the same while disposing of the case.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
D.G. Mohan
(Querist) 23 August 2014
Thank you gentlemen.
T. Kalaiselvan, Advocate
(Expert) 25 August 2014
I go with the opinion expressed by expert Mr.Shoney Kapoor. You may use the advised strategy to defend your case properly.
