Legal Question in Criminal Law in India

criminal complaint

my friend entered into an agreement with A but this agreement is an invalid one not enforcible in law.(legal opinion) A gave acheque for 1lakh rupees to my friend for getting the consideration based on the agreement. but cheque returned saying suspected forgery .can my friend make criminal complaint againstA for cheating and forgery?


Asked on 6/24/09, 2:27 am

3 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: criminal complaint

Yes

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Answered on 6/27/09, 7:35 am
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal complaint

Agreement related issues and issues pertaining to cheating and forgery are different.

If there is prima facie case for offence of cheating and forgery, a complaint or FIR can be filed.

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Answered on 6/24/09, 4:55 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: criminal complaint

If there is no valid consideration for the drawer to issue the concerned cheque, no action may be warranted.

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Answered on 6/24/09, 9:08 am


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