Legal Question in Criminal Law in India

Dear Sir,

I gave Rs. 316000-/ to a firm friendly loan through cheque and get a cheque from firm worth

Rs 320000-/ including interest for period of 1.5 month. Cheque of firm was bounced due to insufficient fund on 1/6/2010 and notice was issued on 22/6/2010 which was received by Prop. of firm on 24/6/2010. Now plz guide me may I file FOLLOWING suit .

.1. under Section 138 of the Negotiable Instruments Act .

2. May I file civil suit for recovery in court

3. May I file complaint under section 420 IPC in police station/court.


Asked on 6/27/10, 7:19 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may pursue all or any of the remedies you mentioned.

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Answered on 6/28/10, 3:26 am
Pravin Vaidya Independent

1. Yes

2. Yes (optional)

3. NO

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Answered on 6/28/10, 10:02 am
Shrichand Nahar S.V.Nahar, Advocate

Actions proposed at Sr.Nos.1 and 2 appears OK.

For an offence of cheating, from the facts provided in the query it appears that offence of cheating is not made out.

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Answered on 6/30/10, 10:10 pm


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