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Anu (Law Officer)     09 October 2012

Section 340 crpc in cheque case

Hi,

One of my opponent who is accused in 138. A request given by accused in his bank to stop the payment , that my blank cheque book having 47  leafs have lost on 23/10/2006. No DDR or FIR have been registered at any moment till now. Some way again on 30/12/2006 he given another request to bank regard to another some concern and admitted that he has given two cheques ( out of above 47 cheques ) to complainant . He is already in litigation with me on account of cheque out of above 47 cheques and claims complainant forged my lost cheque. His both above letters issued are on record of court. What and how i can i teach him in 340 CrPC etc.



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 3 Replies

Raja (XYZ)     09 October 2012

s.340 crpc prescribed the procedure as to how a complaint  mat be preferred u/s 195. while u/s 195 it is open to the cuourt before which the offence was committed to prefer a complaint for the prosecution of the offender. provision u/s 195 are mandatory and no court can take cognizance of offences rendered to therein.

Raja (XYZ)     09 October 2012

s.195(3) provides a ore condition for taking cognizance of the offence u/s 193 of the code.

R Trivedi (advocate.dma@gmail.com)     26 October 2012

You should not attempt to teach accused any lesson beyond winning the case for already framed charges.


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