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If court case is pending under section 138 can police interfere
15-Jun-2023 (In Cheque Bounce Law)
Hello Mam, I am Adv Lalit Oswal from Pune. Actually I Practice Civil Cases. But query is regarding sec 138 of NIA. I have filed a case under sec 138. Now the Police have called my client and said that the accused had filed the complaint against my client of cheating and depositing the cq without his consent. Now my question is if court case is pending u/s 138 can police interfere in the said matter? or what stand should I take, to argue with police because when i called him and asked about the xerox copy of complaint he said he cant give it me and my client should come to police chowky and submit his say.
Dear Adv oswal,
Please understand that, sec 138 matter is a different and the complaint filed by the accused is diffrent, i would suggest you that, you should attend the police station along with your client, and try to convience them that, accused has just filed the case to just harrase the complainant. In 138 cases police does not have authority to call the compalinant or accused for any reason.
Please understand that, sec 138 matter is a different and the complaint filed by the accused is diffrent, i would suggest you that, you should attend the police station along with your client, and try to convience them that, accused has just filed the case to just harrase the complainant. In 138 cases police does not have authority to call the compalinant or accused for any reason.
Helpful?
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Adv. Pranav Abhyankar
Pune | 25+ Answers
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When cheque is bounced there is two remedies one is 138 and other one is 420 now in your case Police called u and he is not giving copy then prepare u r say in writing mention the status of the 138 case tell him case is already filed and the current case he is filing is double jeopardy so he is not having jurisdiction because there is already a criminal case is filed in the court
Helpful?
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Adv. Ranjeet Unnikrishnan Nair
Mumbai | 100+ Answers
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