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Sec 420 And Criminal Breach Of Trust.
09-Jul-2023 (In Cheque Bounce Law)
Dear Sir , police is refusing to file FIR for cheque bounce matter. Kindly suggest what can be done .
you should send a legal notice u/s 138 and the notice should also contain the ingredients of 420 dont file fir as cheque bounce but as a fraud and show how you were cheated by the accused. also if police is not registering fir draft a formal legal complaint and send it to the police station
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Adv. Jash J. Dalia
Mumbai | 100+ Answers
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No if cheque had been dishonored then you have remedy only under the provisions of Negotiable Instrument Act and it is special enactment. It is basic principle of law that special enactments always prevails to general law.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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hi
In this case the police has no power to register FIR for the offence of 138 of NI act.
the act has laid down procedure for filing complaint before the magistrate and not to police directly
you have to file complaint before the magistrate court
In this case the police has no power to register FIR for the offence of 138 of NI act.
the act has laid down procedure for filing complaint before the magistrate and not to police directly
you have to file complaint before the magistrate court
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Adv. Rohit Shaligram
Pune | 500+ Answers
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