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Can a person file case u/s 138 and u/s 420 both at same time
28-Nov-2023 (In Criminal Law)
can a person files u/s 138 and u/s 420 both at same time ? if so what will happen if they understand the matter out of court of 138 case what will happen the case of 420 because it is a state case. kindly suggest me
MY OPINION THAT it is happened that both u/s 138 & u/s 420 can file side by side against person, and if both section effected at State case then, the two sections are differently effected, the movement on u/s 420 is more strong section,and so the treatment of that section & u/s138 the treatment is different in criminal court jurisdiction, contact with me.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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Yes, you can file case U/s 138 of N.I. Act and U/ s 420 of IPC at the same time but by separate complaimt. One for 138 and other for 420.
If you settle the case of cheque bouncing out of Court then section 420 has lose its essence. Then you have to withdraw the case or if you want to harss the accused then you can file Misc. Case against the 420 case.
If you settle the case of cheque bouncing out of Court then section 420 has lose its essence. Then you have to withdraw the case or if you want to harss the accused then you can file Misc. Case against the 420 case.
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Adv. Sougata Chatterjee
Kolkata | 100+ Answers
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Yes a person can can file both the cases together as there is no legal embargo as per a decision by the honble supreme court you can do it and as both the offences are compoundable you can compound the offences any time if the matter is settled between the parties with the leave of the respective Court
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Adv. Syed Shabahat Hussain Kazmi
Kolkata | 25+ Answers
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