Legal Question in Criminal Law in India
cheque bounce
i deposited a cheque in a bnk. but it got bounced due to closing of account. can the account holder be imprissoned under sec.420 of indian penal code?
6 Answers from Attorneys
Re: cheque bounce
That depends on facts and evidence of your case. If you prove beyound reasonable doubt offenec of cheating punishable u/s.420 IPC, them a sentence of imprisonment to the accused would be awarded by court.
Re: cheque bounce
Yes you can file a complaint.
But Preferrable u/s 138 of NI Act .
Sec 420 can be an added section in the complaint. But generally it is very difficult to get the process issued by the magistrate u/s 420
Re: cheque bounce
yes but it depends on the case structure
Re: cheque bounce
YES in capital, provided the complaint is drafted in perfectioin.
Re: cheque bounce
No case of cheating is made out in cheque bouncing case.Mtter covers u/s.138 N.I.Act.
Re: cheque bounce
depends upon other circumstance.
you can proceed u/s138 n.i.act.
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