whether in a single complaint made u/s 200 CrPC I can plead 420, 417 IPC along wth 138 NI Act if the circumstances are co-related to each other for the ingredient of all the offences?
Sandipan Goswami (Junior Advocate) 07 February 2013
whether in a single complaint made u/s 200 CrPC I can plead 420, 417 IPC along wth 138 NI Act if the circumstances are co-related to each other for the ingredient of all the offences?
V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 07 February 2013
YES YOU CAN DO IT.
But I suggest, go for separate 138ni, as if you fail to send notice withoin a month of cheque bounce, you will loose that Opportunity. As far as cheating case u/s 420 is concern, u may not be able to prove intention of accused from the begining, before your transaction starts. [ +Only punishment will not award u money u 420, 417!]
Adv k . mahesh (advocate) 07 February 2013
yes i agree with senior
go separetely as offence may be same but you would be benefited if either any one gets early result
DEEPAK ASSOCIATES (08010117611) 08 February 2013
i would like to go with the answer of Mr Shroff