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Sec 138 of negotiable instrument act

(Querist) 21 August 2012 This query is : Resolved 
My father is contesting a case under section 138 of Negotiable Instrument Act. After Exam--in-Chief and Cross examination and witness from Bank Manager. We could establish that my father is not a signatory in the Bank Account. After this just before final arguments other party has moved an application to consider the same case under IPC 420 (without any supporting document) . Can court allow such an application and consider the case under IPC 420 alongwith N.I Act sec 138?
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adv. rajeev ( rajoo ) (Expert) 21 August 2012
No at this juncture he cannot file an application to consider 420 offence. Complaint cannot be amended
Sudhir Kumar, Advocate (Expert) 21 August 2012
Full facts are not disclosed.
Aseem Vaishya (Querist) 22 August 2012
Thanks a lot Advocate Rajeevji
SAINATH DEVALLA (Expert) 22 August 2012
No,at this stage the Magistrate should not admit the new petition
Aseem Vaishya (Querist) 23 August 2012
Thank you Shri Sainathji.

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