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Can I file 420 case along with cheque bounce


11-Jun-2023 (In Cheque Bounce Law)
Can we impose section 420 with 138 on party? What is the procedure of 420? What else we can do to pressurise the party? How much time this whole process takes? What is the total service charges for whole case with all sections for delhi dwarka court?
Answers (5)

Answer #1
619 votes
Sir,
There is no legal bar for pursuing Section 138 of the Negotiable Instruments Act along with Section 420 of the Indian Penal Code. We only have to show that there was intention to cheat right from inception, very beginning.
For Section 420 of the Indian Penal Code, either lodge an FIR / complaint or an application under Section 200 of the Code of Criminal Procedure.
These are time-consuming. Other options may be suit , or summary suit (in case of admitted debt) or winding-up petition in case of companies and admitted debt etc.
The rest can be discussed when the documents are perused.
Abhinit Das,
Advocate

Answer #2
751 votes
Either you can go under 138 or 420 you can not invoke both at the same time. For 420 you have to get an FIR registered under 154 Cr.P.C if police refuses to register FIR then you can file complaint under section 200 read with section 156(3). You can pressirise the opp. Party by filing a complaint under section 138 also. The charges etv can be discussed in office or on call.
Regards,
Rohini Kumar
Answer #3
921 votes
Yes it is possible depending on the facts of the case
A police complaint can be filed for registration of FIR. If the police does not Register FIR then you may approach the concerned Magistrate for registration of FIR or as a private complaint
The same can be done along with proceedings under section 138 NI Act
Answer #4
569 votes
Of course,
You can file a case under section 420 apart from section 138 proceedings.
Both cases may run simultaneously.
However, it is recommended that in case if proceedings u/s 138 do not work, then you may file case of 420 even after that as Supreme Court has specifically clarified that in such situation there is no Double Jeopardy as the cause of actions and the proceedings both are different in cases u/s 138 and U/s 420.
You may also file a civil case of summary suit for recovery.
The total service charges depends on lawyer to lawyer, it is recommended to engage a lawyer who exclusively practice at Dwarka Courts as he can look over the matter continuously.
Answer #5
797 votes
Yes we can impose section 420 with 138 of NIAct. For adding the section 420, we need to point out specifically the malafide intentions of the accused. We can pressurise for double amount of the cheque bounced and interest on the same till final disposal of the case. It depends upon the accused, how early he wants to pay you else it takes normally 10-12 hearings in the court to solve the matter. The fees can be discussed upon meeting with you personally alongwith file of the case.

Learn what should be & what shouldn't be done in case of a cheque bounce with this complete guide for Indian Laws on cheque bounce.

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