Legal Question in Criminal Law in India
Can i file complaint u/s 406 & 420 for dishonour of cheque. where ?
5 Answers from Attorneys
Yes you can file complaints for the offence u/s 420 but you cont file for offence u/s 406 because there is no manner entrusted with any property with the accused.
you can file complaint u/s.138 n.i. Act. But first you give the notice within 30 days from the date of dishonour of cheque.
Dishonour of cheque simplicitor does not make a prima facie case of cheating and breach of trust.
If essential ingredient of offence of cheating and breach of trust are persent in your case, you may file a complaint.
CHQ DISHONOUR CASE IS FILED U/S 138 N.I. ACT . THE SECTIONS YOU HAVE STATED ARE UNDER IPC FOR CRIMINAL OFFENCES. DEPENDING ON FACTS AND CIRCUMSTANCES OF YOUR CASE YOU MAY FILE THE CASE.
Related Questions & Answers
-
My marriage was solemnized on 25.10.2007 at Madurai, Tamilnadu, India. The Marriage... Asked 9/08/09, 5:54 am in India Criminal Law
-
What are the procedure to cancel anticipated bail and stay order against dowry cases Asked 9/08/09, 5:20 am in India Criminal Law
-
Sir, I took over a partnership firm by settling other two partners by way of dd to... Asked 9/08/09, 3:34 am in India Criminal Law
-
Please answer all of my questions as requested earlier. I am living with my parents... Asked 9/08/09, 1:06 am in India Criminal Law
-
Thanks once again for your very fast answer to file a RECOVERY SUIT. also pl suggest... Asked 9/07/09, 8:53 am in India Criminal Law