sec. 138 of the N.I. Act..

Querist : Anonymous (Querist) 13 October 2010 This query is : Resolved
a person has a bounced cheque... it has remark " refer to drawer ". everything is within limitation as prescribed in the N. I Act... can such person opt for 420 of the IPC instead of the N. I. Act proceeindgs.????
if yes how?? if now why ???

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Kirti Kar Tripathi (Expert) 13 October 2010
in case, you are able to prove the ingredients of section 420 of i.p.c. you can.

ashish lal (Expert) 13 October 2010
I agree with Mr. Tripathi

G. ARAVINTHAN (Expert) 13 October 2010
Will it attract 420 IPC?

s.subramanian (Expert) 14 October 2010
Yes. You can proceed under Sec.420 IPC since the matter will not fall under the ambit of Sec.138 of NI Act.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 October 2010
Only refer to drawer for a cheque can not attract IPC 420. there has to other ingradients.

Guest (Expert) 14 October 2010
YOU MAY FILE A SEPERATE COMPLAINT UNDER SEC.420 OF I.P.C. EITHER TO THE POLICE STATION OR TO THE COURT MENTIONING ALL FACTS OF THE MATTER AND HOW YOU WERE CHEATED AND THREATENED BY THE OTHER SIDE. COURT WILL HEAR YOU AND MAY ISSUE PROCESS UNDER SEC.156 (3) OF CRPC.KINDLY FURTHER NOTE THAT MERELY DISHONOUR OF CHEQUE WILL ATTRACT SEC.138 OF N.I.ACT AND COMPLAINT IS TO BE FILED IN COURT UNDER SAID PROVISIONS.GOOD LUCK.

pawan sharma (Expert) 14 October 2010
meter is out of the NI Act limitation, you can file the FIR u/s 420 IPC.

Arvind Singh Chauhan (Expert) 15 October 2010
You may succeed in 420 IPC only if you can prove that accused has received some thing in lieu of this cheque. Please go through the definition of cheating first.

sec. 138 of the N.I. Act..

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