U/s138 and42o

Pradyot (Querist) 06 February 2020 This query is : Resolved
Can individual send notice to drawer u/s138 of nia and appear in person in magistrate court in mumbai in cheque bouncing case.
U/s420 of ipc can individual appear in magistate court

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This discussion addresses whether an individual can personally file a notice and appear in a Mumbai magistrate court for cheque bouncing cases under Section 138 of the Negotiable Instruments Act and fraud cases under Section 420 of the IPC. The consensus is that while it is legally permissible to represent oneself, especially if competent, it is generally advisable to seek professional legal assistance for optimal results and to navigate the procedural complexities effectively.

SHIRISH PAWAR, 7738990900 (Expert) 06 February 2020
Dear querist,

Complainant may file two cases for cheque bouncing as per facts of the case. So he can appear for 138 case and also for 420 case.

Regards,

Raj Kumar Makkad (Expert) 06 February 2020
Yes. A person need not to engage a lawyer if he deems himself competent to persue his own case.

Dr J C Vashista (Expert) 08 February 2020
If the complainant is able to proceed as per procedure, there is no need to engage a lawyer.
However, in the benefit and interest of complainant it is better to seek professional services of local lawyer and one should minimize / avoid proceeding as Party-in-person.

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