Cognizance of offences in a cheque bounce case

Sonia Prabhu (Querist) 29 March 2014 This query is : Resolved
To make Cognizance of an offences in a Cheque Bounce case can a complain be filed with the respective police station under sec 420 IPC?
Or is it necessary to file a case under sec 138 Neg Act first and only then file a complain with the Magistrate?

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ajay sethi (Expert) 29 March 2014
file complaint under section 138 read with section 420 before magistrate only .

Sudhir Kumar, Advocate (Expert) 29 March 2014
420 can be filed in thana irrespective of 138 NI Act.

Sudhir Kumar, Advocate (Expert) 29 March 2014

Any specific advise then give facts of the case

prabhakar singh (Expert) 29 March 2014
A complaint lies under S.138 NIA if cheque issued gets dishonored for want of money in account or due to mismatch or closer of account even if at the time of issuing the cheque there was no intention to cheat and where intention to cheat can be proved right from beginning FIR under 420 of IPC can also be lodged.

The deduction is that when there is no evidence to prove that accused had intention to cheat since very inception only a complaint under S.138 NIA shall lie.

But in cases having evidence to prove cheating since inception ,victim has choice to either file both cases or any of the two.

Rajendra K Goyal (Expert) 29 March 2014
agree with the advise of expert prabhakar singh ji in the given facts.

V R SHROFF (Expert) 29 March 2014
the advise of expert prabhakar singh ji in the given facts. IS VERY CLEAR..Though cheque bounce attract both 420 & 138, intention from begining is vital to lodge 420.

Sonia Prabhu (Querist) 30 March 2014
Thank you experts for your advise. I thank you all for explaining things in such simple words and simplifying the issue.

ajay sethi (Expert) 30 March 2014
thanks for your appreciation

Sonia Prabhu (Querist) 04 April 2014
An Important query I read that the complain under sec 420 cannot be registered with police in cheque bounce cases,but one needs to register it with magistrate.

Sudhir Kumar, Advocate (Expert) 15 April 2014
you read section 415 to 420

Advocate. Arunagiri (Expert) 15 April 2014
Cheque bounce case can not be filed with the Police Station.

Cheating case can be filed with the police station.

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