Sec.138 of n.i.act.
pushpakrishna
(Querist) 24 May 2014
This query is : Resolved
Dear Experts,
A cheque is given by a person for discharge of legally enforceable debt bounced due to insufficient of funds in his account.issued a statutory notice though he did not respond to pay. under these circumstances can i file a complaint U/S 420 of IPC along with 138 of N.I Act.or not ? kindly advice in this regard.Thanq in advance.
Devajyoti Barman
(Expert) 24 May 2014
Yes, both the case lie but you have file those in two separate proceedings.
ajay sethi
(Expert) 25 May 2014
better file suummary suit. cheque bouncing cases take over 5 years to be disposed of
pushpakrishna
(Querist) 25 May 2014
Dear Experts,
when i file a case U/s138 of N.I act along with U/S 420 of ipc the Hon'ble Magistrate returned stating that under what basis you have filed the complaint? hence i request you all kindly advice on this matter.Thanq.
ajay sethi
(Expert) 25 May 2014
you have to satisfy the ingredients of offence committed under section 420 of IPc
Devajyoti Barman
(Expert) 26 May 2014
I seems you have applied both sections in single proceeding.
I repeat you can file the cases under those provisions but in two separate proceedings.
pushpakrishna
(Querist) 26 May 2014
thank you very much dear experts.
pushpakrishna
(Querist) 26 May 2014
Thank you very much dear experts.but the hon'ble SC directed recently the concerned courts to complete the cases filed under Sec.138 of N.I.act.with in 6 months.In most of the courts in the country, the cases are not disposed even with in a year also.very purpose of the act is not useful to the complainants.even some times some courts are giving dates for six months for next hearing though there is no impartant court work to be done.
ajay sethi
(Expert) 26 May 2014
138 Ni cases take around 5 years to be disposed of . hence i had advised you to file summary suit
T. Kalaiselvan, Advocate
(Expert) 26 May 2014
Both the provisions of laws are basically penal in nature and not compensatory in strict sense, hence it is your choice to proceed accordingly.
