138 vs 420
amit
(Querist) 03 April 2012
This query is : Resolved
Can we move complaint u/s 420 IPC if u/s 138 N.I. barred by limitation? That too a delay of 2 years?
Beacuse, the delay in filing 138 case was due to accused person only, due to his cajoling/delaying tactics for refunding the amount.
Ruling, if any?
SAINATH DEVALLA
(Expert) 03 April 2012
Dear Amit,
Forget about 138.What evidences are at your disposal for moving u/s 420.
ajay sethi
(Expert) 03 April 2012
iscase for cheating made out ? file summary suit for recovery of your money
Adv.R.P.Chugh
(Expert) 03 April 2012
420 is always there if the ingredients are made out and there is no period of limitation for the same - but the court would be strict when dealing with your complaint
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 April 2012
Under 138 certain things are presumed and accused has to rebutt to come out not so far 420.
More over such long delay will take out wind from the sails.
Shonee Kapoor
(Expert) 03 April 2012
420 and 138 are not synonymous.
If it is for recovery of money, you should file a civil suit for recovery.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
amit
(Querist) 03 April 2012
Yes Mr. Sainath telephone call records are available and one person in whose presence money has been given to accused person is willing to give evidence in our favour.
Nadeem Qureshi
(Expert) 03 April 2012
Dear amit
if the case will made out u/s 420 or if the matter is a cheating, only when you can file a criminal complaint u/s 420 otherwise not.
Raj Kumar Makkad
(Expert) 03 April 2012
Facts presentation in a desired way is the real job of lawyers. Contact an experienced lawyer and get the desired results.
dev kapoor
(Expert) 04 April 2012
There is` a particular provision in the Code of Criminal Procedure prescribing limitation for filing criminal case.Regarding complaint u/s 420 IPC,if you can succeed to showing that it is not a case of civil nature (recovery suit) you may file complaint u/s.420 IPC,with required padding.Magistrate `can be requested to send for FIR in terms of s.156(3) Cr.P.C
V R SHROFF
(Expert) 05 April 2012
u have to show delivery, or promise to // and after u delivered, he did not pay, planned from start. , till today when re refused.
420 can be made out.
C. P. CHUGH
(Expert) 05 April 2012
From the facts i fear your case would fail the test of S 420, Whether the money was advanced in terms of any agreement which he failed to comply with the terms of such agreement or whether it was a simple loan transaction which he was required to pay on demand with or without interest. In the later circumstance, no case of S 420 is made out, however in the first circumstance if you are able to prove that fulfilled your committment in terms of agreement and he has not, it is breach of contract and trust, would qualify for S 420 but lot of efforts would be required to make out and prove your case.
