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DR. R.R.ARORA (doctor)     09 October 2010

138 ni act and 193 cr pc handling together

Under 138 NI ACT, If accused submitted false defence documentary evidence, then is this right to to impliment 193 CRIMINAL PC. Give me supporting rulings or judgements???


 15 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 October 2010

Only after it is proved in the court that it is false document than it will be prjuryO

Only your perception that it is false has no meaning in the eyes of law.

Arun Kumar Bhagat (Advocate (criminal))     09 October 2010

First you have to proof that the documents produced are forged and if the court adjudge it forged then only you can ask the Court itself to initiate proceedings against the producer.

Rakesh Bharti (Advocate)     09 October 2010

N I Act,sec 138- whether a complaint against a proprietory concern (not a juristic person) is maintainable?

e.g. a complaint has been filed against Rama Trading House through its prop. Ram Lal.

I am appearing for accused.Kindly help through case law.

DR. R.R.ARORA (doctor)     10 October 2010

Is there any Rulings or Decision regarding this

Sarvesh Kumar Sharma Advocate (Advocacy)     10 October 2010


if false support has proved.193 is discriation of d court.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 October 2010

Complaint u/s 138 of NI act can be filed against the prop concern , you look for other angels of defense which will be many.

Arun Kumar Bhagat (Advocate (criminal))     10 October 2010

Complaint can only be filed against the Proprietor, not the concern.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 October 2010

Please to through the SC citation at cr apeal no 1449 of 2003 where the court has spelt out various modes of filining criminal complaint from the prop concern and same will be applicable against the prop concerns.

DEEPAK ASSOCIATES (08010117611)     10 October 2010

one is same thing when it is a proprietory concern. Take other defense view. the view you are taking is not support you any way. there are so many ruling in this regards 

DEEPAK ASSOCIATES (08010117611)     10 October 2010

It is section 193 of IPC not CrPC. You should have to wait till it is not found forged by the court itself. On the other hand you can file a complaint u/s 468-471 IPC simentensouly when can be refer 156(3) or 202 CrPC but to be sured that the documents are forged. The Private complaint in this situation are maintainable as per decision delivered by various high courts.

madhu mittal (director)     11 October 2010

Sir, Deepak Kapoor, Can a complaint also be filed whenever an accused in his defence on oath asserts a wrong fact, Like the cheque was not presented in my bank on the date written on cheque itself, but after four months, if it would have been presented on date, it would have honoured. The complainant has lodged the cheque on the date of cheque also and he had a bank returm memo also with himself.of that date. please guide. in our judicial system it has become very easy to say anything because court itself does not take action due to shortage of time. Now question is, can an accused be punished in separate proceedings for asserting a false fact in his defence under sectin 191 IPc and also can an application be moved for contempt of court u/s 2 c of Contempt of court Act 1971.

Anil Kumar Verma (Advocate New Delhi email -     11 October 2010

Dear Friend

Search in SCC and Manupatra other sources are also available.

You have to work hard best of luck.


Ziaul Haque Ansari (Advocate)     12 October 2010

lease refer to section 305 in regards to filing of comlaints against a corporation

Arun Kumar Bhagat (Advocate (criminal))     14 October 2010

Proprietorship concern is the trade or business name of the Proprietor. In criminal trial under N.I.Act only partnership firm and company  being juristic person can be made accused but not the proprietorship concern because it is not juristic person. Only Proprietor of the proprietorship concern can sue and be sued under N.I.Act.

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