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Can FIR be lodged for a fraudulent act instead of cheque bounce
21-Mar-2023 (In Cheque Bounce Law)
Dear Sir, Yesterday i met with SSP for loding FIR against who issued two cheques each of one lac of closed account knowingly in 2011 and he refused for the same being advised to take recourse of Section 137 of NI--1881. In such case, can FIR be not lodged for fraudulent act rather than to adopt above section? Why FIR did not lodged mandatory? With regards
FIR can be lodged for the same for fraudulent act. But when were these two cheques issued to you by accused. If they were issued recently and the account was closed in 2011, then go for cheque bouncing case, that will be easier to file. you can also file criminal complaint u/s 420, fraud separately. although 138 of NI act and S420 of IPs act are read together in most of the complaints.
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Adv. Arun Singh
Gurgaon | 100+ Answers
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there is no such procedure in NI act where you can go for FIR only remedy you have is to file a complaint u/s 138/142 of NI act, police officials are guiding you right. there is no such provision under any criminal law even where you can go for fir
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Adv. Akhil Bhasin
Kurukshetra | 25+ Answers
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Hello dear , for your kind information a saperate act has passed for cheque bounce disputes as negotiable instrument act and you have to file a complaint under this act before the courts only . But first you have to serve a notice to the drawer within the time limitation.
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Adv. Akash Gupta
Gurgaon | 100+ Answers
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Their is a special provision in special enactment for cheque bounce matter so always that enactment shall prevail over other general law.... but it is not hard & fast rule that FIR get not registered in any case because if circumstances shows the need of some other existing laws then it can be possible.
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Adv. Puneet Sharma
Faridabad | 200+ Answers
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