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Indian Law/ni act 138 and 420



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  

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,
Javed Razack

Indian Law

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Javed Razack


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