You are here:

Indian Law/ni act 138 and 420

Advertisement


Question
sir

is this possible, can we file , for the same casue of action ( cheque ) can i file under negositable instrument act 138 and ipc 420,406

please advise  

Answer
Dear Satyamoorthy,

The proceedings under section 138 Negotiable Instruments Act are separate and the offence relating to cheating and breach of trust under sections 420 and 406 are different.

You have cause of action to file for the offence u/s 138 and alternatively to file for cheating and breach of trust under the provisions of Indian Penal Code.

As for the offence relating to negotiable instruments act a proper complaint is filed before the criminal courts having competent jurisdiction and the case after sworn statement recorded by the court is taken cognizance of and summons are issued to the respondent.

In the case of cheating and breach of trust, in my opinion, the proper course would be to get the complaint referred to the local police station within whose jurisdiction the offence is committed and take recourse through the police which subsequently becomes a State case and the accused is prosecuted for the offences committed.

If the cheque is issued with a view to cheat, in the case of its dishonour and non payment after notice of its dishonour, it would be an offence not only under section 138 of the negotiable instruments act but under section 420 of the Indian Penal Code also. I am of the considered opinion that prosecution under section 420 of IPC could be made out in case of dishonour of cheque.

I hope this suffice your query,
Regards,
Javed Razack

Indian Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Javed Razack

Expertise

The medium of allexperts in asking questions and soliciting answers is for people who are in real need of assistance on their grievance. I may not be able to accommodate request on opinions, suggestions and queries from people who desire answers for their academic interest. I do not solicit professional work through the medium of allexperts. I will not be answering questions which are not asked by genuine seekers on their issues and problems. Students, Junior Lawyers, Job seekers, Para Legal and non-serious persons are requested to abstain and refrain from raising queries so as to provide this platform for genuine people in availing the facility. Questions for any academic interest will be rejected. No client attorney relationship is established by answering your query(s). I do not accept requests for legal advice nor offer any specific legal advice through the medium of allexperts or its Web page. The answers and comments are for illustrative purposes only and should not be relied or regarded as legal advice. The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it. Answers and information disseminated on this Web site is intended to be educational in nature and not intended to be a source of advertising or solicitation or be interpreted as legal advice. Users and viewers discretion is solicited and itís at your own risk. I will endeavor to answer questions on Indian Laws concerning Civil disputes on property, recovery or any other contractual obligation, Criminal disputes on Indian Penal Code, Negotiable Instruments Act, Company matters, Income Tax, Arbitration, Family and matrimonial issues, please ask.

Experience

Successful in acheiving what I regard job satisfaction.

Organizations
Self Employed

Publications
Many Journals

Education/Credentials
Master in Law

Awards and Honors
Confidential

Past/Present Clients
Confidential

©2014 About.com. All rights reserved.