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Yogendra singh rajawat (lawyer)     09 October 2010

can SEc 420 IPC ivoked in cheque bounce

Am Advocate yogendra Singh,,,,

4 yrs back my uncle booked 2 flats and as registration paid 2 lakh Rs fr each flat,, later no construction done and the oppsosite party embezzled registration money of my peoples as it was a scheme of huge apartment bears hundred of flats,,, tht issues high lighted lot in media n court ,, and arrest n criminal proceedins done,( even he returened our/others money via cheque but bounced but no case filed u/s 138 N I act, n it now limition barred..

as my uncle is italion citizen,,, wasnt possible fr him to file a case tht time,, and now police deferrring to registere FIR,, i had file a complaint 6 months back but no actual steps taken yet by police moreover so using reason for non registration of fir,,,

i had few few rullings to supprotin my case under sec 420 Ipc n 406 ipc,, but to give absolute strenght to my case ,,,,,

i request u provide me some law in this context    and is there any more sec can invoked against accused

and as my uncle is forein national,,, so wht priviledges he haves in criminal case ,, to dispense his presence in court on hearing except evidence,,,,,

and anything u can suggest me ,, apart frm my query



 26 Replies

Yogendra singh rajawat (lawyer)     09 October 2010

i failed to mention one thing ,,, a tht person (accused) done same thing with many peoples who registered flats in tht scheme,,, in return he took all documents back,,,,and given cheque whch bounced,,,,

R.Ranganathan (Director)     09 October 2010

You all join together and file a complaint with the Commissioner of Police jointly for cheating under 420 and criminal breach of trust, misfeasance, fraud and under other sections.


You move a Writ in the High Court under 226 and seek directions on the High Court on the Time Bar issue, Eitherway if you get a negative order move the Supreme Court a SLP[Cri] and seek directions in the time bar issue and see what order you get. After that you contact me , I'll tell you a way out only privetly through a PM.


Under section 102 of the Indian evidence Act, the burden of proof lies on those as to why your case does not hold. You complain to the poce and then logdge a complaint case. Get it Diarized from [if possible] from back date with the police and file a complaint case.


Prevention of Corrution Act, 467,471. Examine them. Since your father is an Italian Citizen, this may comewithin the purview of the International Criminal Court. If has Italian Citizenship,this a case in the International Criminal Court can be lodged from Italy witch is a State Party to the Rome Statute.


Website of International Criminal Court is

The Prosecutor Mocampo will launch investigations.


File ca case with with the SDM for accused being a habitual offender ,use section 110 Crpc.

Sandip T. Naykuji (Advocate)     10 October 2010

yes certainly u have remedy for it i.e. if police dose not lodging your FIR then you can send your complaint to SP by  post   and they have to lodge your complaint immediately.

DEEPAK ASSOCIATES (08010117611)     10 October 2010

File the summary suit U/O XXXVII of CPC ang get the decree. At the first Date after served the notice. You will get the decree from the court or the opposit party has to deposit the amount with court immediately. Only one thing is to be clear keep in mind the jurisdicton of the court while filling.

U/s 420 IPC can be invoke in this circumstances. 


An A.R can represent him.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 October 2010

While giving advice people forget that there is other side also. Now the case is old so the question arises what you were doing till now. Every where you have to face bar of limitation.

Criminal case defficult and even civil remedy seems to be time barred.

Get the whole matter studied by an expert advocate and if you can lay hands on the disputed property or part of it jointly with others .




R.Ranganathan (Director)     11 October 2010

Mr. Shashikumar, Advocate for defense, fight to win. The queriest is an affected party. He has been taking steps regularly it seems. So it is not a time barred matter. Further he has all the rights under Sec. 420 IPC. So, I think, when your motto is fight to win and you are an advocate for defense, you can give him good encouraging advice. Being an advocate for defense, you can give the negative aspects also which they can rectify in the initial stages itself and face the matter boldly. 

Yogendra singh rajawat (lawyer)     12 October 2010

hmmmm thanks fr ur reply,, am indeed satisfy with ur suggestion,, even i know all this ,, all i mean to say,,, whether is there any rullins in my favour frm honourable supreme court,,invoked sec 420 406 n other in cheque bounce,,,,, or specifically mention in law books

Yogendra singh rajawat (lawyer)     12 October 2010

tht a g8 deal,, ill surely go through corruption act,, thankss

Yogendra singh rajawat (lawyer)     12 October 2010

and one more thing , i wona say,, u talkin abt SP ,, its only he who is delayin in FIR registration,,,i meets only him in prsons,, n he is usin reasons,,,,suggest me some provision under whch i can make him answerable in a court...

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