Dear Forum friends,
This is a criminal case under Sec.406,408,420 and 120(B) of IPC Act where the complainant filed in the FIR that he did not get his amount after repeated request to the accused that he gave him in order to get a particualr vechile, and so this is a cheating with the complainant, but he did not serve any notice to the accused about the claimation of the said amount and on the contrary he registerd a FIR under the said Sec.'s of the IPC act. So my question is under the circumstances is served the notice to the opposite party to claim the amount is inevitable part to make the process under SEC.406 and 420 of IPC Act?
Secondly, The victim or Complainant 1st filed a summon case i.e., cheque bouncing case under Sec.138 of NI Act against a particular accused then he regisrtered a FIR by implicating 2 new accused though after 2 years later on the same cause of action (during the prossecution process of the NI Act case) without mentioning about the NI Act in the FIR. Moreover, the complaint case i.e., 138 NI Act's petition is different with the FIR.
Howfar it is accetable in the eye of law so far the limitation and jurisdiction are concerned, please send your valuable advise in supporting to citation if possible.
