private complaint offence u/s.420 IPC for an offence of dis

you can file both cases before JMFC court

plase give citations

please give citations

plase give citations on....

for filing private complaint u/s.420 IPC for dishonour of cheques while after filed the complaint u/s.138 of NI Act

Hi,Filing of compliant under 138 is under the provisions of NI Act for dishounour of the cheque but in case of filing compliant case U/s 420 of IPC is for the offence cheating  he has committed.Hence these are two different offences falling under different provision of law,as such it is quite natural that you can proceed for both.

Both have different cause of action and as such, you can file both the complaints agaist same accused.

sir, u have not mentioned when did u filed case u/sec.138 NI Act. It is true as suggested  both cases can be filed, but u/sec.420 IPC  but according to my view, you have to show the deceitful intention of the accused from begining, simply if you say dishonest intention, it does not suffice. You have to file both cases at once only. Other suggestions may be added.

Good Morning Sir's

As i am a learner would like to draw a great & kind attention to Business Standard News Paper of Monday Feb 2011 which has given the artilce on page no. 10  The SC has said that section 420 of the IPC & Section 138 of the NI act can't go handed in hand . In short file a complaint file y/s 420 of the IPC than u can't file a complain t again u/s 138 of the NI & vice - versa. 

Respected LD membes also would like to have the case law whole in this forum which say that yes we can file a complaint under both the section. 

Thanks.