Stopped cheque

Querist : Anonymous (Querist) 22 October 2011 This query is : Resolved
a person gave me two cheques for part payment of his liabilites.one bounced with memo insufficient fund.when he came to know about it he offered me through another friend to pay cheque amount and getting cheque back.he declined to pay whole debt.after that he knowlingly stopped other cheque by giving false information to bank.other cheque bounced with memo stop payment.other than NI ACT under what other sections of criminal law case can be filed?? is ipc 406/420 is maintainable??

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Arun Kumar Bhagat (Expert) 22 October 2011
Yes, maintainable.

ajay sethi (Expert) 22 October 2011
in case of cheque bounce generally complaints of cheating not maintanabale .

however in some case depending upon facts of case it has been held it amounts to cheating .

inorder to come within ambit of section 420 he may be induced fraudulently or dishonestly to give any property to any person or to consent that any person shall return any property. This is the one class of acts. The second class of acts, as envisaged by the definition of cheating, postulates doing or omitting to do anything which the person deceived would not do or omit to do if he were not so deceived.

Allegation in complaint that M.D. and director issued cheques to cheat complaint knowing fully well that they do not have sufficient funds -–complaint cannot be quashed. 2002 Crl.L.J. 172 A. AP.

ajay sethi (Expert) 22 October 2011
if i had been in your shoes would have rather filed a summary suit for recovery of outstanding dues rather than a case for cheating

Raj Kumar Makkad (Expert) 22 October 2011
In your matter, a case under section 409/420/120B IPC is duly maintainable and both persons can be booked therein. A conspiracy may be alleged against both accused persons.

Shonee Kapoor (Expert) 23 October 2011
No case under 420 would stand, it is recovery suit or NI 138 for stop payment.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate Bhartesh goyal (Expert) 23 October 2011
I agree with Mr Shonee Kapoor.

prabhakar singh (Expert) 24 October 2011
agree with Mr Shonee Kapoor.

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