Sec 138 of ni act.

Adv. Mohan Chandra (Querist) 06 March 2016 This query is : Resolved
A particular case in Mumbai u/s 138 of N.I.Act was disposed on the issue of Jurisdiction and the Advocate for complainant has collected the case from the court. The case has not come up in the court of Jurisdiction where another case was being heard and which had the Jurisdiction. It is over a year, summon or notice has not been received from any court for the particular case.

Surprisingly a case u/s 420 of IPC has been filed in another court for the same dues under the above case. Technically/Legally is it correct, while the above case is still pending.

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Adv. Mohan Chandra (Querist) 06 March 2016
What is the legal remedy

Advocate Bhartesh goyal (Expert) 06 March 2016
Yes,Drawee of cheque can file a case for cheating against drawer u/s 420 of IPC and also suit for recovery of cheque amount apart from cheque bouncing case.

Rajendra K Goyal (Expert) 06 March 2016
Agree with the expert Advocate Bhartesh goyal.

Adv. Mohan Chandra (Querist) 06 March 2016
Thanks Adv. Bhartesh Goyal and Rajendraji is there any legak remedy

Rajendra K Goyal (Expert) 08 March 2016
You have to defend both the cases on merits.

adv.bharat @ PUNE (Expert) 09 July 2016
Agree with expert.

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