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advocate poonooran (legal advisor)     08 August 2025

Ni act 138

In the cases of check bouncing without filing a complaint u/s 138 any one can move with 420 for cheating 

 



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     09 August 2025

if there's evidence of fraudulent intent or cheating, a police complaint under sections like 420 of the IPC (cheating) might be possible.  

Sections like 420 (cheating) or 417 (punishment for cheating) of the Indian Penal Code (IPC) might be relevant in such cases.

Advocate Bhartesh goyal (advocate)     09 August 2025

Yes, Supreme Court has ruled in case of Sangeethaben vs State Of Gujrat 2012 SCC (7)) 621 that apart from cheque bouncing case , cheating case may be filed.

Dr. J C Vashista (Advocate )     09 August 2025

Both complaint cases i.e., u/s 420 IPC and Section 138 NI Act can be filed singly as well as simultanously, besides filing a suit for recovery. There is no legal infirmity is moving / proceeding separately. 

R.K Nanda (Advocate)     09 August 2025

Yes , case under 420 can be filed in magistrate court. 

P. Venu (Advocate)     11 August 2025

In order to subsatantiate a case of cheating, there needs to be the element of dishonesty from the very inception of the transaction.


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