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Anu (Law Officer)     23 September 2012

420,406, in 138

Hi , 

In one case accused given false cheque , stop payment , no balance , false sinatures . But bank returned the cheque with memo of stop payment  only . Trial of 138 is still continue , i want to file another case against accused in 420,406, IPC . Police is not taking FIR because matter is already in court ,  pl explain me in detail what procedure i should  adopt now.

thanks



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 3 Replies

Md Zaryab J Rizvi (Principal Partner)     24 September 2012

Dear Anu,

 

You can bring the facts to notice of court in which the said proceedings are going on, all the facts will be relevant at the time of cross examination and arguments also.

 

Whereas, if the Police does not register FIR for an offence the remedy is to approach SSP/ ACP of the Area, and if the said authorities do not provide the remedy. In such case the FIR can be registered through Court u/s 156 (3) Cr. P.C. We need to file a complaint detailing the facts of the offence and if the court is satisfied then court directs the police to lodge and FIR. 

 

Hope your query is answered.

 

Regards,

 

Zaryab Rizvi (Advocate)

9999784700 (Delhi)

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     24 September 2012

You have bank memo of STOP PAYMENT so no other case under IPC  420, 406 is maintanable.

Md Zaryab J Rizvi (Principal Partner)     24 September 2012

Other case will be maintainable, as the same will be filed by you. You can get the FIR registered. I assume that you have lost your cheque and hence got the stop payment. Some one has now presented it by forging signatures. The same will be termed as an offence. The simple reason why 138 NI Actfiled againsy you, will not cover this is because the said provision does not have any remedy for forged signature, at best the case against you will be dismissed. 


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