siddhantsarkar 19 March 2015

Help!

Hello people from the Law fraternity, please help me with my query.

1. A client of mine is a goldsmith who gave a gold set to a person who gave him a cheque for it, which eventually got bounced due to insufficient funds. Section 138 NIA, I am sure.

2. The address provided by the person (the one who gave the cheques) turned out to be fake amongst other things. Section 420, right?

Now, to trace this person, do we have to lodge a complaint at the local police station? Or should we go for 138 + 420 the magistrate way. The only thing we have is his phone number and nothing else. I am also thinking if Order 37 would be helpful here, if invoked?

Please tell me the best course of action. Do we lodge a complaint for 420? (I know police isn't involved in sec. 180) or something else? Requesting a step by step solution from you guys.

Looking forward to help at the earliest. Please revert.

Thanks!

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4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 19 March 2015

Sir, File 138 and cheating both ..... You can also ask your client to do some homework and find the correct address .... Regards Kapil Chandna Adv 9899011450

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 19 March 2015

Registering FIR should be the first priority.

R Trivedi (advocate.dma@gmail.com) 19 March 2015

Wow !!

Where is the shop of this Goldsmith ??

[just joking]

T. Kalaiselvan, Advocate (Advocate) 19 March 2015

Do you want to know what the quoted sections say or want to clarify your query?

It is advised to lodge a criminal complaint with the police for the cheating offences, since his address is not known, it will be a waste exercise to follow up with cheque bounce case.