Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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OldWine007 (Service)     08 July 2012

Is it mandetory to file an fir with cheque bounce notice?

Is it mandetory to file an F.I.R for cheating with the police along with serving the Lawyear's Notice U/S 138 of N.I. Act?


 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 July 2012

If you want you can file complaint before the police u/s 420 0f Cr.P.C.  but it is not necessary to file FIR along with 138 of NI Act


If a case of cheating is also made out you can file an FIR u/s 420 IPC. No FIR, however, is filed for a mere cheque bounce.

1 Like

Advocate Bhartesh goyal (advocate)     08 July 2012

In cheque bouncing cases FIR is not required however if you want to proceed cheating case you may lodge FIR.


Dear Oldwine,

There are judgments which specifically say that dishonour of cheque does not attract provision of sec 420 IPC, as Negotiable Instruments Act is a special statute meant for the same.

Apex Court in its judgment delivered held that "Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - To constitute offence u/s 420 IPC fraudulent or dishonest inducement on the part of the accused must be at the inception and not at a subsequent stage"

2 Like

sweta singh (n/a)     09 July 2012

rightly said by adv, yogesh that case under section 138 NI Act cannot be filed with section 420 IPC

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