Cheating fir and nia case
S.D. Singh
(Querist) 23 July 2015
This query is : Resolved
Some body cheated me but on social pressure he given me a cheque, which was also dishonoured. Whether can we file fIR with police u/s 406/420 and complaint with magistrate u/s 138 of NIA simultaneously.
please advise.
Rajendra K Goyal
(Expert) 23 July 2015
Complaint u/s 138 NI Act can be lodged in specified time and notice is required to be served.
If facts warrant you can lodge case u/s 406, 420 against the person. Discuss with local lawyer.
S.D. Singh
(Querist) 25 July 2015
sirs, all the requirements of NI Act are O.K. My query is can I file complaint u/s 138 of NI Act and also file FIR with police u/s 406/420 in parralel.
T. Kalaiselvan, Advocate
(Expert) 28 July 2015
You can choose to file all the cases together by filing a criminal private complaint with the judicial magistrate court under section 420 IPC read with section 138 NI Act.
You must understand one thing that in the above case can be punished if found guilty but no guarantee for claiming your money back, instead you can file a money recovery suit.
SAINATH DEVALLA
(Expert) 29 July 2015
If proven guilty the judge may apply sections 138 to 142 NI Act for punishment,which is his discretion.Judgement depends on the quantum of crime involved as per the act.
