Legal Question in Criminal Law in India
sec 420 ipc
dear sir,
one travel agent in mumbai on 25 / 5 /09 made me swipe my credit card in his office for a return intnl air ticket, but did not issue me the E-TICKET at all. After 20 days long follow up he finally handed over the refund cheque with cancellation charges(no cancelled ticket)..i contacted the airline but the booking was tentative not ticketed as they had not received the payment from the travel agent.
the travel agent streched the matter of refund till date by issuing me 2 cheques one after the other in a gap of 2 weeks and both the cheque bounced on grounds of insufficient funds.he apologised and took further time by assuring me a pay order which never came.i have issued a legal notice(within 30 days) of cheque bounce for the first cheque. wat shud i do with the 2nd cheque(same amount) which also bounced.
Besides the sec 138 of cheque bounce, hw can i file a criminal case of cheating?i am also paying interest to the credit card bank for the amount swiped.hw can i recover the interest money.he shud be penalised for keeping the money with him illegally for las t 2 months.
do i have to go to the police stn for filing a cheating case. will the police register it as a cognizable offence? can i directly file the case
5 Answers from Attorneys
Re: sec 420 ipc
You do not have to go to police; In your complaint u/s 138 NI Act, you may add Section 420 IPC also. Same process may be adopted for the 2nd check.
Re: sec 420 ipc
you can book a complaint or lodge an f.i.r. against the travel agent for committing fraud upon you and at the same time, you can pursue your complaint u/s 138 of NI act. you can directly file the case by hiring a lawyer and filing a complaint to the magistrate concerned.
Re: sec 420 ipc
you can file case u/s 420 ipc with police.
Re: sec 420 ipc
You should file a private compleaint under section 420 and a recovery case.
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Re: sec 420 ipc
For recovery of money, civil suit is the option.
For punishing the accused for crime committed, you can initiate prosecution either U/s.138 or U/s.138 and 420.
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