A case filed case u/s 138 NIA. Accused in the case filed FIR u/s 420 against complainant of NIA case that cheque was given for purchase of land but deal was cancelled but cheque was not returned.
In such situation whether police can investigate the case if matter is pending in court u/s 138 NIA.
1. YES .... Police can investigate & file charge sheet in court for cognizable offences u/s 420 on the facts mentioned by you.
2. 138 N.I.Act case is a private case at the hands of complainant against accused and Police will not interfere in the same.
3. Both cases are different and can run con-curently in Court.
Keep Smiling .... Hemant Agarwal
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