Legal Question in Criminal Law in India

if someone has issued notice under sec138, can an FIR not be lodged for the same under sec420,467,468,471,120B if conspiracy is evident using false documents.

also can this be he ground for bail that since notice served under sec138 so criminal cases can not be followed up.

imp here to note that sec138 for chq bouncing and other sections because the accused and co-accused used forged documents of addresses that do not exist to open accounts with commodity excahnge.

still can the notice under sec138 be the ground for not pursuing charges in FIR and getting bail.all addressses verified false by the police.


Asked on 5/23/11, 4:06 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Do mean to say that if X has received a 138 NI notice from Y and by that X realised that Y has forged his cheque and got it dishonoured and now X want to lodge a complaint of forgery, cheating etc. against Y.

If above are the facts, then offences of forgery and its aggravated forms prima faice made out and X can lodge FIR or complaint against Y.

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Answered on 5/29/11, 3:02 am


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