cheque Bounce case
kv vijayan
(Querist) 07 June 2011
This query is : Resolved
Hi,
I request the experts opinion as to when a notice is sent under section 138 of NI act to the accused, is it necessary to specifically state that the said notice is issued under Section 138?
2.If it is not mentioned so, can that notice be considered as notice under Section 420 of CrPC.?
Thanks,
kv vijayan
PALNITKAR V.V.
(Expert) 07 June 2011
If all the ingredients of Sec. 138 are present in the notice, it is not necessary to mention specifically that the notice is u/s 138. Since no notice is required for prosecution u/s 420, the second question asked by you does not arise.
Advocate. Arunagiri
(Expert) 07 June 2011
It is not necessary to mention under which section the notice is being sent.
What do you mean by notice u/s 420 cr.p.c.
kv vijayan
(Querist) 08 June 2011
Dear experts, Thanks.
As the complaint in cheque dishonour case has to be filed with in the time limit, some times, it happens that the applicant may have to think of applying criminal complaint inviting the provision of section 420 (Cheating)of criminal procedure Code.Can we do so?
What is the success rate in such cases? Or is it better to proceed a civil suit?
kv vijayan
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 June 2011
for NI 138 cases IPC 420 is not applicable it will be dismissed even if applied for it at later stage.
kv vijayan
(Querist) 10 June 2011
I think I have to expand my question.In a particular cheque bounce case the advocate send a notice to the party, but no reply was received. But the advocate did not file any complaint with in the time limit that is with in 30 days from the date of receipt of the notice by the accused.
Now the advocate files a complaint under IPC 420 against the party saying that the cheque was issued with the intention of cheating. Will this complaint filed is OK or not?
K.V.Vijayan
Sarvesh Kumar Sharma Advocate
(Expert) 08 June 2011
