sec 138 ni act can be replaced by 420 of ipc
A.P.Rajagopal
(Querist) 20 January 2011
This query is : Resolved
sir,
my client presented a cheque of his customer for collection which has been bounced by him and i failed to send a notice within 30 days and even its past 3 months. shall he can be sued for breach of trust,forgery,cheating and fraud under ipc. is there any authority available for it. may kly be advised on this .
tks
raj
prakash vathore
(Expert) 20 January 2011
hi,
insted of that u can file a civil suit under order 37 of cpc, summery suit for recovery of amount.
Parveen Kr. Aggarwal
(Expert) 20 January 2011
If the offence is only under section 138 of the Negotiable Instruments Act, 1881 then you cannot sue the accused for other offences. However, if he has committed other offences also then you can prosecute him for those offences.
niranjan
(Expert) 20 January 2011
If the cheque is still valid you can present it again and on return you can issue notice and file complaint.
Advocate. Arunagiri
(Expert) 20 January 2011
If the time is not barred, he can represent the cheque.
If there is strong grounds he can initiate case u/s 420 ipc either separately or along with 138 case.
Amit Minocha
(Expert) 20 January 2011
Since the legal notice of demand has not been issued you can get the cheque represented and get it re-bounced and a notice can be issued thereafter u/s 138 NIA the case would be maintainable. Fully agree with Mr. Niranjan
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 January 2011
Not possible now under NI 138 since notice has to be given after first bounce and cheque may be presented again and fresh notice giving details of earlier notice and earlier bounce.
If adventure is done without precautions it will attract penal counter action.
Ajay Bansal
(Expert) 21 January 2011
Agreed with Minocha after reading all aforesaid views.
