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Sandipan Goswami (Junior Advocate)     07 February 2013

138 ni act with 420 ipc

whether in a single complaint made u/s 200 CrPC I can plead 420, 417 IPC along wth 138 NI Act if the circumstances are co-related to each other for the ingredient of all the offences?



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 3 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     07 February 2013

YES  YOU CAN DO IT. 

But I suggest, go for separate 138ni, as if you fail to send notice withoin a month of cheque bounce, you will loose that Opportunity. As far as cheating case u/s 420 is concern, u may not be able to prove intention of accused from the begining, before your transaction starts. [ +Only  punishment will not award u money  u 420, 417!]

Adv k . mahesh (advocate)     07 February 2013

yes i agree with senior

go separetely as offence may be same but you would be benefited if either any one gets early result 

DEEPAK ASSOCIATES (08010117611)     08 February 2013

i would like to go with the answer of Mr Shroff


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