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Jopat Omprakash Radheshyam (Proprietor)     02 June 2013

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.


 4 Replies

Lukesh Kumar (Founder Partner Advocate Jharkhand High Court)     03 June 2013

please clarify your query

Advocate Deepak Gupta (Lawyer)     03 June 2013

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

1 Like

Sudhir Kumar, Advocate (Advocate)     12 July 2013

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

1 Like

Hemant Agarwal ( Mumbai : 9820174108)     10 October 2019

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

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