Section 138

Querist : Anonymous (Querist) 23 November 2011 This query is : Resolved
I filed a case u/s 138 against a company for return of cheque due to insufficiant
funds.

The accused company in return filed a FIR (u/s 156/3, directions of court) against me alleging that the singatures of the signatory were forged and fabricated by me.

The accused later admitted his signatures during investigations (also confirmed by the forensic department) , but alleged that the cheque was stolen and filled by me.

I want to know whether there is any Supreme Court ruling which says that no FIR can be registered against the complainant of case u/s 138. Please also name the ruling if any. Urgent.

Follow Query

Report Abuse

ajay sethi (Expert) 23 November 2011
the court has full powers to direct investigation under section 156(3) if any complaint is received from any complainant

there is no such authority that no FIr can be registered against complainant of case under section 138

Rajeev Kumar (Expert) 23 November 2011
Agree with sethi

Shonee Kapoor (Expert) 23 November 2011
Agreed with Ld. Mr. Sethi.

Regards,

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

M.Sheik Mohammed Ali (Expert) 23 November 2011
yes, i do agree with experts query reply

dev kapoor (Expert) 23 November 2011
Since offence u/s 138 is non-cognizable,FIR cannot be registered.FIRs are registered u/s.154 Cr.P.C only in 'Cognizable' offences.Therefore no Authority is needed to convince any judicial authority or police.
If,however,an 'applicastion u/s.156 cr.p.c' is presented before a JMFC,he certainly forwards the same for action u/s.156 or 157 Cr.P.c but he has to be careful that offence u/s.154 Cr.P.C is "not Cognizable".

Raj Kumar Makkad (Expert) 23 November 2011
I agree with dev.

prabhakar singh (Expert) 24 November 2011
Perhaps you wanted to know some thing else.

It looks you want a case law which establishes that "NO FIR CAN BE LODGED AGAINST A COMPLAINANT OF S.138 N.I.ACT.CASE BY THE ACCUSED ON THE GROUND THAT SIGNATURE ON CHEQUE IN QUESTION IS FORGED OR CHEQUE IN QUESTION was STOLEN"

If i have rightly understood your query then my answer is that law as such does NOT look to be so that one can expect a case law of the kind you are looking for.

DEFENSE ADVOCATE.-firmaction@g (Expert) 24 November 2011
It is a valid complaint and if case is registered the trial will go on because as you say signatures are admitted but other writings are different.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries