cpc

misappropriation of funds visa-vis dishonour of cheque


Can the criminal cases for misappropriation of funds and dishonour of cheque being two different offences under  two different acts be filed against the defaulter circumstances of commital offence being same . please enlighten.

 
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Founder Partner Advocate Jharkhand High Court

please clarify your query

 
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Supreme Court is rulling - You may file criminal case apart from cheque bouncing case , depend on facts


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Dy Director

No reply can be given without facts.  If same transaction creates two offence then two trials can be there.


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ha21@rediffmail.com Mumbai : 9820174108

1. Cheque bouncing case u/s 138 N.I.Act, is a private criminal complaint and CANNOT be filed in the same application with other criminal offences.

2.  Both CANNOT be heard concurrently and trial will also take independently.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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