Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : 138 NI act and 420 IPC can be filed simultaneously.
Can Sec 258 of CrPC is applicable to case of 138 of NI Act?
Since Section 258 CrPC is not applicable to a summons case instituted on a complaint, it cannot come into play in respect of the complaints filed under Section 138 NI Act, the court observed while holding that findings to the contrary in Meters and Instruments Private Limited and Another v.
What is Section 138 of the Negotiable Instruments Act What is its provision?
Section 138 of the NI Act is a penal provision that deals with the punishment of dishonour of cheque. The cheque returned by the bank unpaid on account of insufficient funds. The cheque should be presented within six months from the date on which it was drawn or within the period of its validity, whichever is earlier.
How do you defend a 138 case?
If the accused or the drawer of the cheque, proves that the cheque issued, was not in discharge of any debt or liability, while issuing the cheque, and it was just given security deposit, hence it does not attract the offence under the Section 138, of the Negotiable Instruments Act.
How do I file a 420 case?
For 420 you have to get an FIR registered under 154 Cr. P.C if police refuses to register FIR then you can file complaint under section 200 read with section 156(3). You can pressirise the opp. Party by filing a complaint under section 138 also.
Can Section 406 and 420 be charged together?
First of all, section 406 and 420 of IPC, cannot be charged together. They are self exclusive. Section 406 prescribes punishment for “criminal breach of trust‟ as defined in Section 405 of the IPC.
Can accused be discharged in 138 case?
P.C and it is relevant to note that no provision to discharge the accused is provided. P.C. The proceedings under Section 138 of Negotiable Instruments Act, being a summons-case, instituted on a complaint, cannot be stopped by invoking the power under Section 258 Cr.
Can a complaint under Section 138 NI Act be amended?
of the submission made by the learned Amici that Section 219 be amended suitably. We find force in the submission of the learned Amici Curiae that one trial for more than three offences of the same kind within the space of 12 months in respect of complaints under Section 138 can only be by an amendment.
What is the maximum punishment for cheque Dishonour?
two years
According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.
Is 138 NI Act bailable?
No. A Magistrate can take cognizance of an offence of dishounour of Cheques under Section 138 of the NI Act only on a Complaint from the holder in due course (in this case the person in whose favour the cheque was drawn). Further, the offence is non-cognizable so the police cannot arrest without a warrant.
Can Accused win in cheque bounce case?
Cheque bounced was given as Security The date on which cheques were taken there was no debt or liability Accused cannot be prosecuted under NI 138. So even if security cheque is bounced the prosecution can be initiated and only defence is that there was no legally enforceable debt.
Where to file complaint under 420 IPC and 138 NI Act?
3.SECTION 420 OF I.P.C. IS A COGNIZABLE OFFENCE AND COMPLAINT CAN BE FILED AT POLICE STATION. BUT UNDER SEC.138 OF N.I.ACT COMPLAINT SHOULD BE FILED IN COURT ONLY. POLICE HAVE NO PART TO PLAY IN THE CASE EXCEPT SERVICE OF SUMMONS OR WARRANT OF THE COURT.PLEASE NOTE.
What is the nature of Section 138 of the NI Act?
The offences under Section 138 of the NI Act lack mens rea. The proceedings under Section 138 of the NI Act come under the ambit of Section 14 of IBC. The quasi-criminal nature of Section 138 of the NI Act can be better understood in two ways.
What was the purpose of Section 138 of the Negotiable Instruments Act?
After a century, Chapter XVII, Section 138 to 142 were inserted in the Act vide Section 4 of the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, (Act 66 of 1988). Section 138 of the Act deals with the punishment for the dishonour of the cheque.
Which is an offence under the NI Act?
Section 138 of the NI Act is a penal provision that deals with the punishment of dishonour of cheque. Dishonour of cheque is not an offence in itself but to become an offence, the following ingredients should be there: There should be a drawer that draws the cheque. The cheque drawn should be in discharge of some liability.