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bharat (na)     05 September 2013

Is it possible to sue accused an accused under 138 as well a

A firm(trading in ready made dresses)  issued cheque from a bank  account (against deposit/loan )which was already closed at the time of writing the cheque.When cheque was presented on due date,bank returned cheque  with note"ACCOUNT CLOSED"At present trial under 138 is going on in designated NI act court.as deposit was given by cheque.

Is it possible to initiate other cases of cheating/breach of trust etc simultaneously,as it is quite apparent that accused had no intention to pay when he accepted loan/deposit from complainant.The accused has adopted this modus operandi and swindled more than 50 crores from public.Will it help if this is brought  to the notice of court?Is it possible to initiate collective action if all such cases are tried as one case?



 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 September 2013

Dear Bharat

section 420 can be attract in this case if the complainant had mentioned in his complaint if not then another case u/s 420 can not be initiated by the complainant but other persons who has the cheques of accused can initiate this section with Section 138 of NI Act.

Manish Kumar Gupta (Deputy Legal Manager)     05 September 2013

Dear Sir,

If a complaint u/s 138.NI act is already pending against the appellant there is no occasion of the complainant to prosecute the appellant u/s 420 / 46 IPC and in his doing so it is an clear abuse of process of law and prosecution against the applicant for those offences is liable to be quashed. 

Harinderpal Singh Vs State of Punjab (P&H 2008(2) DCR 620

However in this forum only there is a very detailed disucssion on this topic, hope this will help you..

https://www.lawyersclubindia.com/forum/whether-420-ipc-and-138-NI-ACT-will-lie-symultaneously--9485.asp

you can also go through the latest ruling of Kolkata High Court on the same.

https://indiankanoon.org/doc/70738820/

 

Thanks


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