Legal Question in Criminal Law in India

Can i file complaint u/s 406 & 420 for dishonour of cheque. where ?


Asked on 9/09/09, 2:31 am

5 Answers from Attorneys

you can file u/s 420 but depends upon the situation.

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Answered on 9/09/09, 2:50 am
Basavaraj Babu Amb legoe

Yes you can file complaints for the offence u/s 420 but you cont file for offence u/s 406 because there is no manner entrusted with any property with the accused.

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Answered on 9/09/09, 5:27 am
Rajeev Singhal Rajeev Singhal & Associates (M) 9351412220

you can file complaint u/s.138 n.i. Act. But first you give the notice within 30 days from the date of dishonour of cheque.

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Answered on 9/09/09, 5:38 am
Shrichand Nahar S.V.Nahar, Advocate

Dishonour of cheque simplicitor does not make a prima facie case of cheating and breach of trust.

If essential ingredient of offence of cheating and breach of trust are persent in your case, you may file a complaint.

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Answered on 9/09/09, 7:25 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

CHQ DISHONOUR CASE IS FILED U/S 138 N.I. ACT . THE SECTIONS YOU HAVE STATED ARE UNDER IPC FOR CRIMINAL OFFENCES. DEPENDING ON FACTS AND CIRCUMSTANCES OF YOUR CASE YOU MAY FILE THE CASE.

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Answered on 9/10/09, 12:37 am


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