Legal Question in Banking Law in India

Cheque Bounce - NI Act & IPC

Dear Sirs,

I filed a case against a lady u/s 138 NI Act after her cheque bounced for ''Insufficient Funds'' . In her reply to my legal notice she claimed that I stole her cheque from her house, even though it was duly signed by her & the particulars were filled by her husband in front of me. She also claims that she had intimated the bank regarding loss of ''duly signed''cheque but the bank wrongly dishonoured the cheque for Insufficient funds. Now, I want to know whether I can simultaneously file a case u/s 420 IPC against her in addition to one already filed 138 NI as it is obvious that her intention was bad from the very beginning, i.e. to cheat & defraud me & I can prove that her claim of theft of cheque is wrong due to her husband writing my name & amount on the cheque. Can I file another case u/s 420 now that 138 proceddings are already on.


Asked on 5/30/07, 11:58 am

4 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: Cheque Bounce - NI Act & IPC

You should have filed the case both under Sec.420 IPC read with Sec.138 N.I.Act when u had received a reply from the drawer disowning the issue of the cheque. Now that u have chosen to prosecute under Sec.138 N.I.Act, u cannot enlarge the scope of it. Therefore stick with the present prosecution and it is upto her to prove that she did not issue the cheque. Her husband filling it up is only as by way of acting as her agent and that does not absolve her from the consequences of having signed the cheque.

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Answered on 6/01/07, 8:44 am
G. M. Gupta gmguptaandassociates

Re: Cheque Bounce - NI Act & IPC

yes you can

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Answered on 5/30/07, 1:50 pm

Re: Cheque Bounce - NI Act & IPC

Yes,You can file a separate case of cheating/fraud.

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Answered on 5/30/07, 3:06 pm
Sachin Sangare Private Practise

Re: Cheque Bounce - NI Act & IPC

Sir,

My suggestion is that yoy persue your matter u/s 138. Filing a 420 complaint may suffise your purpose but the cause of action is the same i.e dishonor of cheque. Generally Magistrates do not entertain 420 complaints when proceedings u/s 138 are going on.

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Answered on 5/30/07, 11:51 pm


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