Legal Question in Criminal Law in India

person accused in FIR under sec 420,467,468,471,120B for causing loss to the tune of 4.5cr.false addresses used and all verified false by the police. chargesheet filed. sessions court rejected the bail application. accused filed for bail in front of high court. The co-accused is his brother whose anticipatory was rejected from the same high court and he is absonconding agaisnt the order of high court to surrender.also the accused has no proper address.

In his bail application the accused's lawyer petitioned as a ground for bail that the complainant has issued notices under 138 for cheque bouncing, also the complainant is pursuing arbitration and criminal FIR also filed under the above mentioned sections...so complainant can not claim relief under all three . he said that since notice served under sec 138 criminal case does not hold and the accused shall be granted bail. Can this be the ground for bail that a complainant can not pursue case at all three forums.

also has supreme court ruled that if notice is issued under sec138, no criminal complaint can be registered.

Pls provide some citations in support of this.


Asked on 5/21/11, 3:05 am

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

If the facts constituting offence u/s.138 NI and offences of cheating, forgery etc. are identical, then what is contended by lawyer of accused may hold good.

However, there is no blanket rule or proposition that once notice under section 138 NI Act is issued, no other criminal action can be initiated.

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Answered on 5/26/11, 10:00 pm


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