Notice before complaint u/s 420 IPC

rajan chopra (Querist) 15 July 2016 This query is : Resolved
Sir the cheque issued by the drawer in favour of me to clear his liability has been bounced for want of funds.Now I want to file a criminal complaint u/s 420 IPC and can I file the same in the Court or before that I have to sent notice to drawer of the cheque as per law ?

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Devajyoti Barman (Expert) 15 July 2016
For cheque bounce case sending of notice within 30 days time is mandatory but for cheating case it is not required.

Rajendra K Goyal (Expert) 16 July 2016
If you want to file case u/s 138 NI Act, notice is mandatory.

For filing case u/s 420 IPC notice is not mandatory.

Shonee Kapoor (Expert) 16 July 2016
How 420 is made out? He gave a cheque to clear the liability, which has bounced. It is a matter of NI 138 for which you would need to issue a notice in stipulated time of 30 days.

If you try to file 420, you may loose out on the time for issuing notice for NI Act.

Regards,

Shonee Kapoor
www.shoneekapoor.com

Advocate Bhartesh goyal (Expert) 17 July 2016
No notice is required for filing complaint u/s 420 of IPC.you have to mention facts regarding mens rea in complaint.

Dr J C Vashista (Expert) 19 July 2016
I fully agree with exrpets, no notice is required to file a case u/s 420 IPC, however, notice is mandatory for filing complaint u/s NI Act.
Both the options (complaint u/s 420 IPC & 138 NI Act) or either of them can be availed by complainant.

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