Proceedure / form for obtaining sanction 188 cr.pc
Pete
(Querist) 23 July 2014
This query is : Resolved
An Indian citizen when abroad cheated me by bouncing a cheque. I have filed a criminal case and it has now come before the high court.
The indian citizen is now in India.
1. Do I still need to get permission from the Central Government to prosecute the person even if he is india.
2. If so what is the procedure or form that should be used to get permission from the central government to prosecute this person.
Regards,
Pete.
Kolla Gangadhar
(Expert) 23 July 2014
Under Section 188 (b) no such offence shall be inquired into or tried in India except with the previous sanction of the central Government. You have to obtain sanction from the central Government. Each case sanction must be issued by proper authority. GLOBAL LEGAL SERVICES, email: globallegalservicesindia@gmail.com
Raj Kumar Makkad
(Expert) 23 July 2014
As the accused is Indian citizen and he is present in India, no sanction is required fom any authority to summon him in the onoing complaint.
ROHIT SHARMA
(Expert) 24 July 2014
Dear Mr Pete,
1. The matter under s. 138 N.I.Act is semi criminal and the offence has not been done in his capacity as public servant and if a complaint is already filed and the proceedings are on then there arises no need to get sanction from the central govt as prescribed u/s 188(b) Cr.P.C., 1973.
2. If need be contact this lawyer for further private legal consultation to resolve the issue of your query.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com
Raj Kumar Makkad
(Expert) 24 July 2014
Luring querist is not advisable for the experts.
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
As the accused is an Indian, no separate permission is needed to prosecute him, normal procedures of law can be followed.
Biswanath Roy
(Expert) 31 July 2014
Give me the following details to help you properly, namely,-
1. Name of the Bank and its branch of the bounced cheque.
2. Date of the cheque issued and the amount.
3. Grounds or reason shown for return of the cheque as unpaid.
4. Name of the person who issued the cheque in your favor and his address in India
