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IPC 420 & NI ACT 138

(Querist) 10 August 2009 This query is : Resolved 
IS POSSIABLE TO FILE CASE U/S IPC 420 & N I ACT 138 OF SINGLE CHEQUE ?


GIRISH AGRAWAL
Adinath@Avinash Patil (Expert) 10 August 2009
no you can file complaint u/s138 of n.i.act. or you can file seprate complaint u/s 420 of i.p.c. The ingrediants of both offence differant hence you can't file as your querry.
Kiran Kumar (Expert) 10 August 2009
lawyers often send notice under S.138 NI Act read with S.420 IPC.

but for complaint in my opinion too it has to be separate.
SANJAY DIXIT (Expert) 10 August 2009
In my opinion 'NO'.
NIAct covers both civil and criminal liabilities in way of fine and imprisionment. If the cheque is dishonoured for insufficiency of funds or that exceeds the amount arranged to be paid from that account, the drawer is to be punished with imprisionment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque or with both.
Deekshitulu.V.S.R (Expert) 10 August 2009
Mr Kiran Kumar

May I draw your attention to Secs. 219 and 220 of Cr.P.C.

In that view of the matter a person can be charged and tried for offence under Sec. 138 N.I Act and Sec. 420 IPC, at one and same trial. Pleaase clarify
Sarvesh Kumar Sharma Advocate (Expert) 10 August 2009
Aggrawal sab,
WHERE THE SPECIFIC LAW IS PROVIDED BY ANY ACT THEN ON THAT MATTER OTHER LAW IS NOT APPLICABLE.
today's evening i will give some ruling of hon. allahabad H.C.,and some other regarding this that 420 ipc, is not aplicable with 138 n.i.act.
Omkar (Expert) 10 August 2009
I agree with Mr. Sarvesh K but my openion is that the person has a choice to choose most suitable way to him
Advocate SK Rohilla New Delhi (Expert) 10 August 2009
YEEEEEEEEEEEEEEEEEEEEEEEEEEEEES. You can.

If a person has committed one offence and some other offence is also made out which falls under defination of other provisions or which form part of same transaction then person can be charged and prosecuted for numbers of offence in one and same trial.



SHEKHAR MISHRA (Expert) 10 August 2009
sec 138 N.I.Act and sec.420 can't go hand in hand.
vinjamuri ranga babu (Expert) 10 August 2009
hi,
you can file.
vr
Ravi Arora (Expert) 10 August 2009
mr . sarvesh is right , i do agree
Sarvesh Kumar Sharma Advocate (Expert) 10 August 2009
ruling-
anwar ali pro. samira export mumbai vs state of u.p. acc 2004 (50)=jic2004(2)-659
their some rulings also which i give u.as soon as posible.
PALNITKAR V.V. (Expert) 10 August 2009
It depends on the facts of each case as to whether both the sections would be applicable. But general rule is that one can not be prosecuted for both the offences unless there is element of cheating covered by sec. 420.
Kamal Grover (Expert) 10 August 2009
You can file but both should be file in two cases.
Your further clarification is welcome at nominal fee at;
adv.kamal.grover@gmail.com
Advocate
M:09814110005
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards
ESTHERPRIYA (Expert) 16 August 2009
You can file but it is essential that the drawer of cheque has to be made for consideration to attract penalty under NI Act. The drawer should have intention to cheat as specified u/s.420 IPC.
MANISH (Expert) 16 August 2009
Yes Dear friend
You can file a complaint under both the sections.
But even at the first day of appearance, the magistrate may ask you for the trial of which offence or for the dropping of the other offence, because u/s 420 IPC, 138 NIA, the trial may take time, but if you drop section 420 and proceed with 138, then it provides for the summary trial.


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