Legal Question in Criminal Law in India

Below are facts of a case:

1)accounts opened with commodity exchange using forger documents of addresses that do not exist,

2) All such addresses verified false by police, reports attested in case diary

3) loss caused to tune of 4.5Cr in such accounts to commodity excahnge

4) Cheques issued as security bounced

5) Notice under sec138 served

6) Also FIR for using forged documents lodged under section 420,467,468,471,120B

7) Main accused in jail

8) Main accused's bail rejected from sessions court

9) main accused's brother who is co-accused had his anticipatory rejected from sessions and then from high court and high court ordered him to surrender before trial court which he has not done and is absconding

10) other two co-accused got anticipitory but have not applied for regular bail and are also not coming to assist in investigation and are also not living at their given addresses(absconding)

11) main accused approached the same high court for bail and his attorney argued that since notice served under sec138 no criminal complaint can be filed under the above mentioned sections.

MY query is:

1) Are not the sec 138 for cheque bouncing and other sections for forgery seperate oin this case

2) If civil remedy is available under 138 can the criminal cases not be slapped(forgery si evident in police investigation beyond doubt)

3) Can complainant not file cases under sec 138 and also under sec 420,467,468,471,120B concurrently

4) Can this be ground for bail to accused that since relief sought under sec 138, no criminal case holds(although forged documents and the address verification by police showing witness statements also that the addresses do not exist attached in case diary)

5) the main accused has no fixed address, his co-accused brother is absconding against the high court orders...can the main accused get bail

1 Answer from Attorneys

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