u/s 138 OF Negotiable Instrument Act
kanwar Lal
(Querist) 06 April 2009
This query is : Resolved
can we file complaint u/s 420 against the person who issued cheque and same was dishonourd due to reason "signature differ" along with complaint u/s 138 of NI ACT.
arunprakaash.m.
(Expert) 06 April 2009
yes in the same complaint you can add both the offences.
n.k.sarin
(Expert) 06 April 2009
I agree with the view of my Ld friend.
adv. rajeev ( rajoo )
(Expert) 07 April 2009
Yes both u/s 420 of cr.p.c. and u/s 138 of NI act complaint can be filed. In the recent judgment of Karnataka High Court even complaint can be filed before the police u/s 420 of cr.p.c. for cheating. Immediately after getting the judgment I will mail u. Please give me ur mail ID to rajlegalnet@yahoo.com
Neeraj Arora (9897136755)
(Expert) 07 April 2009
Dear Kanwar Yes you can file a complaint. I agree with the view of my all Ld friends.
ESTHERPRIYA
(Expert) 07 April 2009
Yes. It can be filed as the cheque bears a different signature which should be proved by you. Moreover if it is a typographical error then beware of using Section 420 I.P.C. against him. Anyhow you need to establish your case of cheating and the person's intention not to pay money to you.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
MANISH
(Expert) 10 April 2009
Dear friend,
You may proceed in the case of 138 about s.420, but remember it will require more time, inasmuch as 138 proceedings are summary in nature, but if s.420 be added, then it will definitely take time.
However, you may file an FIR, u/s 420 before the police station, because 420 is a cognizable offence, and police may take cognizance, apart from that, 138 complaint may be made, but the case may be proceeded u/s 420, because "if any one of the offence is a cognizable, and other non-cognizable, then the same may be treated as cognizable case" as per CrPC.
