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kavita (.)     06 August 2015

138 ni act

Hi, In 138 ni act can complainant give application under sec.216 of crpc for alteration of charge under sec 420 of ipc? Already 313 statement is over and cheques is not sign by accused even bank account is not on name on accused. Please suggest me.......



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 2 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     07 August 2015

Yes it attracts IPC 420 if other pleadings of the complaint supports but in NI 138 no such application is maintenable .

 

There are many recent APEX COURT citaions for the same that ,a fresh complaint will have to be filed. and charge  of IPC 420  can not be added in NI 138 complaint.

 

 

kavita (.)     07 August 2015

Thanks sir......can you suggest me any citation? please

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