Legal Question in Criminal Law in India
we have been cheated by person in lieu of adnission of our son in reputed school. he has charged us 270000 for admission which did not happened. he has given us post dated cheque with date of 30th april 2012 to us. we had filed a 420 case aginst him. in mean while we present the post dated cheque in bank which shows that account has been closed from previous year. i send him legal notice on 09th july 2012 but he had not responded. now he has got bail from court where his advocate has submitted 8 lacs as security amount as fd. yesterday sho told us to also file 138 case against him. but i am confused wether to file 138 as 420 is already filled and trial is going to start. please let me know what should i do or should i file sec 138 also.
3 Answers from Attorneys
in this case, sec. 138 is made out even if a separate complaint u/s 420 is pending. 138 is a distinct offence and you can file as many cases as there are number of cheques. did you pay 2.7 Lacs in cash or through cheque?
i agree with Adv Gupta
Check contents of 420 case and act accordingly.
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