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Chethana (Accountant)     14 September 2015

Ni 138 to cheating case

Sar, suggestion requested for:- We have initiated NI138 read with 200 case 8 years old now it is in final stages.  At this time, based on the response/reply and evidences provided by Accused shows his intenstions were to cheat us from the begining when the transaction took place. We have not filed cheating case. it's visible to the bare eye abut intenstion to cheat from his actions. at this stage, does court have power to refer this case to trail under cheating section or based on the available evidence can this court consider accused for both section NI138 and Cheating-? what best could be done this time=


 4 Replies

DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com)     14 September 2015

You have to file separate case under IPC 420 since 138 case is summons case.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     15 September 2015

you have no option to file new case on base of same cause of action

DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com)     16 September 2015

This the legal postion as per recent APEX COURT. Judgment.



There cannot be such a requirement in the offences under IPC. The case under N.I. Act can only be initiated by filing a complaint. However, in a case under the IPC such a condition is not necessary.


28. There may be some overlapping of facts in both the cases but ingredients of offences are entirely different. Thus, the subsequent case is not barred by any of the aforesaid statutory provisions.


Chethana (Accountant)     16 September 2015

Thanku sir, I was going thru CRIMINAL APPEAL NO. 645 of 2012 SC order wherein it said so initiation of 2 seperate cases maintainable. In this case, since NI138 case coming to edge, does court allow initiating cheating private complaint at this stage where incident is 8 years old. Is their any time limitaion..

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