Legal Question in Criminal Law in India

adding charge u/s 216 of s 420 in addition to charge u/s section 138

A loan was given to partnership firm by taking in repayment of 12 post dated cheques of equal amount signed by one partner. All of them dishonoured except last one. One of three complainants under section 138 NI Act reason being �IInd signature required� for 4 out of above 12 cheques was lodged. Accused�s bank manager witnessed the cheques can be honoured if signed by any two partners out of three partners. After that an application under section 216 CRPC was moved to add charge under section 420 IPC. A citation of full bench of A.P HC in OPTC marketing (after considering a lot of decisions) decided that charge under section 420 IPC can be framed in addition to charge under section 138 if ingredients to show the offence under section 420 IPC existed. But a citation of Raj HC decided that section 420 cannot be entertained in addition to charge under section 138. The trial court in Rajasthan after seeing both the citations adjourned the case for next hearing but presiding officer said in general without recording any thing on records that court is bound to follow the rule laid down by Raj. H/C whereas he agrees with the citation of three judge bench of AP HC. What is law,because there is no direct ruling of supreme court ?


Asked on 1/16/07, 7:59 am

1 Answer from Attorneys

Re: adding charge u/s 216 of s 420 in addition to charge u/s section 138

SC is also of the same view if the facts states so but it depends on case to case.In your case I donot see that 420 IPC is made out.All the materials are required to be examined to render appropriate openion.

If you choose you may contact me.

Thanks.

Siddharth

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Answered on 1/16/07, 8:31 am


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