Whether an offence U/s 420 IPC is made out in the case of cheque bounce?
GOVIND K JHA (LAWYER) 02 April 2014
Whether an offence U/s 420 IPC is made out in the case of cheque bounce?
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 April 2014
Dear Querist
yes, it can be but its depend on the facts and circumstances of the case. state detail facts for best advise
Sudhir Kumar, Advocate (Advocate) 02 April 2014
please state facts
T. Kalaiselvan, Advocate (Advocate) 02 April 2014
There is an exclusive provision in law to deal with the cheque bounce cases u/s 138 of NI Act, where you can find the desired relief and not in section 420 of IPC.
Biswanath Roy (Advocate) 10 April 2014
If in a cheque bounce case sec.420 IPC is coupled with sec.138 NI Act then the prosecution has legal liabilities to prove that at the time of issuing the cheque the drawer had knowledge that the cheque will be bounced on presentation to Bank which shall deceive the payee or in other words right from the inception of issuing cheque the drawer had intention to deceive the drawee.
Sudhir Kumar, Advocate (Advocate) 10 April 2014
agreed with Mr Roy
if no other contrary facts surface
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