seeks advice and judgement

naresh (Querist) 18 July 2008 This query is : Resolved
respected all the expertas

i have file criminal complainat under section 420 and 406 in place of N.I Act for cheque Bounce whether the complaint is maintanabel pls suggest any judgement which support that a criminal complaint under 420 and 406 is maintanabel against cheque bounced

thanks in advances

harish

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mahavir singh (Expert) 18 July 2008
NO u cannot file it under section 420 &406.as the dishonour of cheque comes under uner negotiable instruments act,1981.and before that u have to send a legal notice through an Advocate asking for payment.failing which u can file petiton under section 138N.I act for recovering of amount.u can also file a civil suit for recovery.

Srinivas.B.S.S.T (Expert) 19 July 2008
previously 420 used to added along with 138 and 142 but with the judgment of K.T. Thomas it was held that the section 420 can not sail along with 138 and 142 of NI Act. but i think you can file a separate complaint under sections 420 and 406. If you can give me some time i will investigate and send you details. Opinions of the learned members are invited.

K.C.Suresh (Expert) 20 July 2008
Dear Naresh, For an offence U/s 138 of NI Act, you cannot suit the ingriedeuints of 420 and 406. Both these sections demand deception or mens rea.

arunprakaash.m. (Expert) 21 July 2008
You can maintain criminal case instead of 138 case. You can also go for civil case with respect to the same case simultaniously.

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