Legal Question in Criminal Law in India

Regd: Suggestion in Sec 420

Hi My cheque got bounced and my time for filling under 138 had lapsed

so i have filed it as a civil suit which is now nearly 2yrs old i think a civil suit can take over time so Can i now file an another fresh case under section 420 or any other that would bind the person in criminal codes. Kindly help me


Asked on 3/14/08, 12:51 am

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Regd: Suggestion in Sec 420

For filing a case u/s 420 Facts should be such that you can prove the offence of cheating. Your civil case will take time but if you win you will be able to get full compensation like interest etc with the amount of chq.

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Answered on 3/14/08, 9:43 am
Vivek Mapara Vivek N. Mapara

Re: Regd: Suggestion in Sec 420

Already replied.

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Answered on 3/14/08, 11:48 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Regd: Suggestion in Sec 420

Dishonour of cheque ipso facto does not constitute an offence of cheating. You need to find out from the facts and circumstances of the case about offence of cheating.

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Answered on 3/14/08, 2:16 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Regd: Suggestion in Sec 420

It depands on the facts of the case wheather it constitutes the offence of cheating.

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Answered on 3/14/08, 7:52 am

Re: Regd: Suggestion in Sec 420

No,now you can not file the complaint u/s.420 IPC.

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Answered on 3/14/08, 8:54 am


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