Synopsis:
Creditor 'C' lent money in cash through numerous transactions amounting to Rs.50,000/- to Debtor 'D'. Debtor 'D' acknowledged receipt of sums in cash via SMS and Whatsapp.
After waiting for 3 months when 'D' failed to repay money to 'C', 'creditor' filed online complaint to local police station 15 days ago.
PS sent notice to both C & D asking them to be present at a certain date. 'C' was asked by Police to bring along with him documents in support of his online complaint. However a week ago (i.e.) 6 days after receiving letter from PS, the Debtor met with Creditor and handover a cheque of Rs. 20,000/-. Till now 'C' has not followed up with Police since the receipt of letter 15 days ago.
Query:
1. If C presents the cheque (of Rs. 20,000/-) and if the cheque bounces due to insufficient funds, then can the Creditor 'C' file 'Section 138 NI Act case' in addition to Section 420 IPC for balance Rs. 30,000/-?
2. Will both cases be filed against debtor 'D' before the same Court in one complaint or separate complaint needs to be filed for Section 138 N.I.ACT case & Section 420 IPC ?
Awaiting possible legal advice.
