Refusal of police to register an FIR u/s 138 NIA

Querist : Anonymous (Querist) 22 January 2011 This query is : Resolved
We have suppiled some goods against 30 days PDC to contractor which bounced when presented to bank. We understand that the said contractor is cheat by nature and the PDC issued by them to vendors keep bouncing. Due to this we went to police station for registering a FIR but the inspector of police did not register the FIR saying it is a civil matter. Pl. advice how we can make police act on our complaint and register the FIR?

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Ajay Bansal (Expert) 22 January 2011
This matter,being non-cognizable offence,does not come under purview of police.So F.I.R. can not be registered.File a private complaint in the court.

madan kumar tiwary (Expert) 22 January 2011
police act is right. u/s 138 NI , You have to file case before magistrate and after going through documents, and examine witnesses if any, court will take cognizance and will issue process but first of all before filing the case you have to serve notice to the issuer of cheque within 30 ndays from the date of receipt of information regarding dishonour of cheque, giving issuer time of 15 days to make payment and if he fails, within one month from the cause of action , case can be filed before court. one more thing you can produce cheque as many times as u wish in bank within the validity period of the cheque . if you need more information contact me on phone.

PJANARDHANA REDDY (Expert) 22 January 2011
THE COMPLAINT OF 138 NIA ALSO CARRIES OTHER OFFENCES LIKE IPC 420 AND 406 - THEN YOU CAN ASK POLICE TO REGD FIR

Amit Minocha (Expert) 22 January 2011
I disagree with Mr. Reddy that if other sections are added along with 138 police will ergister a case. Police won't accept the case u/s 138 NIA you need to file complaint with the Court.

G. ARAVINTHAN (Expert) 22 January 2011
File a complaint under Sec 138 and 142 of the Negotiable Instruments Act before a Judicial Magistrate

Arvind Singh Chauhan (Expert) 22 January 2011
I fully agree with Reddy Sir. According to clear definition of 415 IPC it is cheating, because in lieu of the concerned cheque property has been obtained by accused and he was cheated by accused. If police does not register FIR you can complaint to court directly.

Advocate. Arunagiri (Expert) 22 January 2011
I also agree with Mr.Reddy.

The complainant can give a police complaint as well as initiate 138 proceedings.

Adv. Sarjine Thomas (Expert) 29 January 2011
Police won't accept the case u/s 138 NIA you need to file complaint with the Court.

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