Private complaint
Adv. karinamishra
(Querist) 17 May 2012
This query is : Resolved
can private complaint be filed in cases of dishonour of cheques?
section 420 of IPC can be clubbed with section 138 of NI Act?
how the limitation will be calculated in such cases?
Nadeem Qureshi
(Expert) 17 May 2012
Dear Querist
420 IPC can be club with 138 NI act cases, and this complaint is a private complaint. the limitation will be calculate as below:
when the cheque return from the bank with the memo, within one month you can send a legal demand notice with 15 days time after 15 days of the receipt of the notice, next day the cause of action arise and you can file a criminal complaint u/s 138 Ni Act r/w section 420 IPC within one month.
feel free to call
R.K Nanda
(Expert) 17 May 2012
I agree with the reply of expert Qureshi.
PARTHA P BORBORA
(Expert) 17 May 2012
you must file a private complain for cheque bounch But you can not clubbed 420 IPC in a cheque bounch case.
To file a case under Section 138 NI Act u should deposit the cheque for encashment and if the is bunched collect the bank memo and issue a pleaders notice. And if not honoured the notice file a case under section 138 NI Act.
Shonee Kapoor
(Expert) 18 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
