138 NI ACT
salilkumarp
(Querist) 08 October 2008
This query is : Resolved
SIRS,
IN ONE OF MY CASES,ALLEGATION WAS THAT ACCUSED ISSUED ANOTHER PERSON"S CHEQUE TO THE COMPLAINANT IN DISCHARGE OF A DEBT AND HENCE COMMITTED AN OFFENCE OF CHEATING.BUT , COMPLAINT WAS FILED U/S 138 OF NI ACT AND THE TRIAL COURT CONVICTED THE ACCUSED U/S 138 NI ACT.IN THE APPELLATE COURT, MY CONTENTION THAT OFFENCE OF 138 WILL NOT LIE WAS ACCEPTED.BUT THE RESPONDENT ARGUED THAT , EVENIF, 138 WILLNOT LIE, COURT CAN ALTER CHARGE U/S 222(1) OF CRPC FROM, 138 NI ACT TO 420 IPC.
WHETHER ALTERATION OF CHARGE CAN BE DONE AT ANY STAGE ? EVEN AT APPELLATE STAGE ?
PLS ADVISE ME
SANDEEP GOYAL
(Expert) 09 October 2008
Dear Sailkumarp,
see sec. 464,465,216 fo Cr.P.C.
Yes, Alteration in Charge can be done by court at any stage. even at appealate stage also.
SANDEEP K. GOYAL
LAWYER,
MUMBAI.
sanjay kumar patibandla
(Expert) 09 October 2008
I TOO AGREE WITH SANDEEP
But my version is that the appeal court must surrender the case to trail court to conduct fresh trail under the altered charge.
K.C.Suresh
(Expert) 10 October 2008
Yes Sandeep is correct
Adv.Shine Thomas
(Expert) 11 October 2008
Charge cannot be altered after delevering the judgment. If the appellate court find that 138 is not maitenable, certain that it should find so,accused will be acquitted. But remember that 420 IPC can be filed at any time as there is no limitation in offence U/S 420.When alternative remedy is avilable the appellate court will acquit the accused.
