E. Venugopal (Advocate) 26 January 2011
A case has been filed u/sec.420 IPC on the basis of cheque return due to insufficient funds. Complainant did not filed under N.I. Act. Whether 420 IPC attracts. Please give citations if any, whether instead of filing N.I. Act, complainant chosen to file u/sec.420 IPC through private complaint which was referred to police and police filed charge sheet.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 26 January 2011
Diffcult to prove case u/s 420.
Anand V. Chauhan (Advocate) 26 January 2011
The ingredients of section 420 should be proved while filing a private complaint.
N.K.Assumi (Advocate) 26 January 2011
Section 420 IPC can be attracted provided the accused acted with dishonest intention right from the begining of the transactions, but the drafting of the Complaint has to make out that case of dishonest intention, in other words what you required is a very good drfting of your complaint.
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