Legal Question in Criminal Law in India

section 420

a creditor gives a loan to a borrower by taking his cheque as well as a signed blank cheque of a guarantor also. On due date cheque of borrower was dishonoured so a complaint was filed under 138 NI Act.

Afterwards the cheque of guarantor after filling up of name of creditor as payee ,amout and date was also presented ,the said cheque also dishonoured ,so a notice under section 138 NI Act given, after receiving the said notice , the guarantor filed a complaint under section 190 crpr for section 420,120b,467 and 468 of IPC as well as requesting investigation under section 156(3) of crpc before magistrate against creditor . This information was came to creditor privately now my question is whether creditor can appear on next hearing without getting any information from court to represent himself if yes under which section and if not what should he do , so that the proceedings can be dropped earliest even before starting or no further enquiry may be proceeded under section 156(3) of crpc ?

Asked on 12/26/04, 10:23 am

4 Answers from Attorneys

Rakesh Taneja Taneja Law Office
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Re: section 420

What is the status of the matter. Has the court taken cognizance of the offence?

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12/26/04, 10:54 pm
D. M. Bhalla D.M LAW CHAMBER
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Re: section 420

The law regarding your querry is that before the court take cognizance of the matter and summon you for appearance before it, you have no locus standi to intervene in the proceedings of court and have any say to it. For further querries feel free to contact me.

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12/27/04, 12:40 am
Shrichand Nahar S.V.Nahar, Advocate
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Re: section 420

Strictly speaking, an accused has no right to agitate before he is summoned by a Court. However, by case law, an exception is made to assist the Court on the point of law only. Further, as regards an order u/s.156(3) there are several case laws as to when such order can be made and when such order can not be made.

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12/28/04, 5:03 am
Vivek Mapara Mapara Law Firm
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Re: section 420

Sir,

Answer to your question is simply NO. Prosecution for you have not commenced untill and unless u receive a summons or warraned by the court. So just wait and watch for the further proceedings.

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12/28/04, 2:08 pm

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