S.D. Singh (prop) 04 October 2020

138 NIA

A case filed case u/s 138 NIA. Accused in the case filed FIR u/s 420 against complainant of NIA case that cheque was given for purchase of land but deal was cancelled but cheque was not returned.
In such situation whether police can investigate the case if matter is pending in court u/s 138 NIA.

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Quick Summary

This discussion addresses a situation where an FIR under Section 420 of the Indian Penal Code (IPC) has been filed against a complainant in a Section 138 of the Negotiable Instruments Act (NIA) case. The core question is whether the police can investigate the 420 FIR when the 138 NIA matter is already pending in court. The consensus is that police can indeed investigate and file a charge sheet for cognizable offences like 420 IPC, as it is a separate criminal act from the dishonour of a cheque under the 138 NIA. Both cases can proceed concurrently.

3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 04 October 2020

1. YES .... Police can investigate & file charge sheet in court for cognizable offences u/s 420 on the facts mentioned by you.

2. 138 N.I.Act case is a private case at the hands of complainant against accused and Police will not interfere in the same.

3. Both cases are different and can run con-curently in Court.

Keep Smiling .... Hemant Agarwal
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Advocate Bhartesh goyal (advocate) 06 October 2020

Yes ,police can investigate the matter .As nature of offence u/s 420 of IPC is altogether different from the offence u/s 138 of N I. Act Earlier case is registered for offence of cheating while later is for offence of dishonour of cheque.