Legal Question in Criminal Law in India

Surely you may file your complaint under section 138 Negotiable Instrument Act. But, in such facts, it will be good to attempt filing with police a complaint under section 420 IPC in as much as at the time of issuance of cheque the drawer knowingly issued a cheque out of an account closed in 2006. He was under obligation to return the unused leaves of the cheque book but he intentionally retained them to cheat persons like you.

Do not submit your question twice.

You can file case U/s.138 NI Act as also for cheating.

in your case the complaint u/s 138 only is made out and not u/s 420 of ipc as there was bouncing of cheque simplicter and no cheating was committed. the accused took the loan and gave u a blank cheque and promissory note which he informed the bank and stopped the payment. in case you do not pursue your case seriously, the accused may even get the complaint quashed as he did not write the cheque and you not a registered money lender.

in your case the complaint u/s 138 only is made out and not u/s 420 of ipc as there was bouncing of cheque simplicter and no cheating was committed. the accused took the loan and gave u a blank cheque and promissory note which he informed the bank and stopped the payment. in case you do not pursue your case seriously, the accused may even get the complaint quashed as he did not write the cheque and you not a registered money lender.

in your case the complaint u/s 138 only is made out and not u/s 420 of ipc as there was bouncing of cheque simplicter and no cheating was committed. the accused took the loan and gave u a blank cheque and promissory note which he informed the bank and stopped the payment. in case you do not pursue your case seriously, the accused may even get the complaint quashed as he did not write the cheque and you not a registered money lender.

in your case the complaint u/s 138 only is made out and not u/s 420 of ipc as there was bouncing of cheque simplicter and no cheating was committed. the accused took the loan and gave u a blank cheque and promissory note which he informed the bank and stopped the payment. in case you do not pursue your case seriously, the accused may even get the complaint quashed as he did not write the cheque and you not a registered money lender.

Yes.

You have to act carefully. Coz if you will fill the cheque yourself then 138 will not attract coz it will be presumed that cheque was only a security.

But you have to prove the fact that he had issued this cheque recently and intentionally then 420 directly attracts and other charges will also framed against him and he has to retun the money as much as you want.

Your further clarification is welcome at nominal consultation fee;

KAMAL GROVER,

Advocate (Chandigarh, India)

M:+919814110005

e-mail: [email protected]

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