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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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 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
VISIT: www.chshelpforum.com

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.

avadhesh Paliwal   18 October 2020

COLLECT THE EVIDENCE OF LAND DEAL CANCELLED AND CHEQUE WHICH YOU GIVE AGAINST THE SAME DEAL


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