Can the criminal cases for misappropriation of funds and dishonour of cheque being two different offences under two different acts be filed against the defaulter circumstances of commital offence being same . please enlighten.
Jopat Omprakash Radheshyam (Proprietor) 02 June 2013
Can the criminal cases for misappropriation of funds and dishonour of cheque being two different offences under two different acts be filed against the defaulter circumstances of commital offence being same . please enlighten.
Lukesh Kumar (Founder Partner Advocate Jharkhand High Court) 03 June 2013
please clarify your query
Advocate Deepak Gupta (Lawyer) 03 June 2013
Supreme Court is rulling - You may file criminal case apart from cheque bouncing case , depend on facts
Sudhir Kumar, Advocate (Advocate) 12 July 2013
No reply can be given without facts. If same transaction creates two offence then two trials can be there.
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 10 October 2019
1. Cheque bouncing case u/s 138 N.I.Act, is a private criminal complaint and CANNOT be filed in the same application with other criminal offences.
2. Both CANNOT be heard concurrently and trial will also take independently.
Keep Smiling .... Hemant Agarwal
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