criminal complaint case treat as state case after ,after charge evidence
vinod bansal
(Querist) 12 November 2010
This query is : Resolved
R/Members
Is it correct that private complaint cases after recording of after charge evidence or after charge framed are treated by the courts as state cases,kindly also tell me legal position in 138 NI Act complaint cases in given facts.regards
Devajyoti Barman
(Expert) 12 November 2010
No, I have heard such thing for the first time.
Debasish Hota
(Expert) 13 November 2010
No.After filing the complait petition if the cout dirct the police U/S156[3] of Cr.P.C. for investigation, then only the private case converts to state case
PALNITKAR V.V.
(Expert) 13 November 2010
It can not be treated as a State Case i.e.case filed on police report.
Debasish Hota
(Expert) 13 November 2010
After receiving direction U/S156[3] of Cr.P.C. the police is bound to register a case on behalf of state.
Debasish Hota
(Expert) 13 November 2010
Cases under the Negotiable Instruments Act are generally private case.
s.subramanian
(Expert) 13 November 2010
They will be treated as cases instituted otherwise than on police reports.
Advocate. Arunagiri
(Expert) 13 November 2010
138 cases are always private complaints. Instituted u/s 200 cr.p.c. They can not be treated as a state case.
Sri Vijayan.A
(Expert) 13 November 2010
138 cases can't be police cases
vinod bansal
(Querist) 14 November 2010
R/Arun Ji
With due respect,i want to add that my query is not ilogical as i am representing to accused in a complaint us 138 NI Act in the court of Hon'ble ACJM Jind Ms. Anita Dahiya.I have expressed only Ld. ACJM court view and sought opinion from respected Members of LCI here.I alongwith some of my lawyer friends in some complaints of NI Act argued in a manner as you stated here but court is not agree with us and decline such requests.
bhupender sharma
(Expert) 14 November 2010
only in those cases where the offence against the society is committed nor between the private parties as stated and committed under section 138 of the N.I. Act. It is special enactment and provides the special procedure insted of putting the state mechinary in action for investigatin and inquiry into the matter.
