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Author :
Aseem Vaishya
Posted On 21 August 2012 at 10:08
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My father is contesting a case under section 138 of Negotiable Instrument Act. After Exam--in-Chief and Cross examination and witness from Bank Manager. We could establish that my father is not a signatory in the Bank Account. After this just before final arguments other party has moved an application to consider the same case under IPC 420 (without any supporting document) . Can court allow such an application and consider the case under IPC 420 alongwith N.I Act sec 138?
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Expert :
adv. rajeev ( rajoo )
Posted On 21 August 2012 at 16:23
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No at this juncture he cannot file an application to consider 420 offence. Complaint cannot be amended
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Expert :
Sudhir Kumar
Posted On 21 August 2012 at 19:56
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Full facts are not disclosed.
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Author :
Aseem Vaishya
Posted On 22 August 2012 at 10:10
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Thanks a lot Advocate Rajeevji
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Expert :
SAINATH DEVALLA
Posted On 22 August 2012 at 16:34
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No,at this stage the Magistrate should not admit the new petition
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Author :
Aseem Vaishya
Posted On 23 August 2012 at 09:31
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Thank you Shri Sainathji.
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