Can ni 138 and ipc 420 be filed together
WebAnswers ( 1 ) Yes, you can register a Criminal Complaint under Section 420 of the Indian Penal Code along with a Section 138 NI Act Complaint. There are different views taken by different High Court, however, the Hon'ble Supreme Court while differentiating the two offences had held that: WebNov 21, 2024 · Introduction. The Supreme Court of India (the Court) had in the judgment titled J. Vedhasingh v.R.M. Govindan 1 referred to a larger Bench the question as to whether an accused can be tried based on a similar set of facts for an offence under Section 138 2 of the Negotiable Instruments Act, 1881 (the NI Act) as well as an offence such as Section …
Can ni 138 and ipc 420 be filed together
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WebMay 18, 2024 · BENGALURU: An aggrieved party can maintain a complaint for cheating (under section 420 of IPC) on the same instrument/transaction in addition to the proceeding initiated under section 138 of ... WebMay 14, 2024 · The single-judge bench of Justice M Nagaprasanna observed that NI Act is predominantly a civil law and therefore under Section-138 only fine is imposed for legally enforcable debt but if element of mens rea is suspected, proceedings under Section 406, 420 IPC can concurrenlty be initiated for sentencing.
WebIndian Kanoon - Search engine for Indian Law WebSimply because a complaint is filed under sec 138 of the negotiable instrument act 1881 does not mean that a person cannot be prosecuted under sec 420 of the Indian penal …
WebJul 23, 2024 · Rekha Jain v. The State of Karnataka and Ors. (2024) Facts of the case. In this case, the complainant filed a complaint against Kamalesh Mulchand Jain, who is the … WebSep 26, 2011 · N.I. Act ') read with Section 420 IPC (Annexure P-8) on the ground that the Court could not take cognizance of the complaint in the light of Proviso (a) to section 138 …
WebAdditional charge sheet filed by investigating officer through learned APP. This case was taken on file u/s 498 -A of IPC and Sec. 4 of D.P. Act against A.1 to A.3 on 28.09.2012. …
Web420/406 IPC, Police Station Loni Border, District Ghaziabad, the original writ ... herein filed a criminal complaint under Section 138 of the Negotiable Instruments Act on 07.11.2014 against R1 and his company Thakur Trading, in ... portion plates indian stainless steelWebFirst 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 … optical disk drive functionoptical disk speedWebSection 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 year and fine. ... Both of them can be filed together. S. 420 is for the offence of cheating whereas S. 138 NI Act is for dishonour of cheque. optical dispensing furnitureWebAug 10, 2014 · 498A-filed (Querist) 10 August 2014 Expert Advocate Defense can you elaborate on the 2005 amendment. Also please guide me because before filing the … optical doctor in kettlefallsWebAdditional charge sheet filed by investigating officer through learned APP. This case was taken on file u/s 498 -A of IPC and Sec. 4 of D.P. Act against A.1 to A.3 on 28.09.2012. Perused the Addl. Charge Sheet and other available material on record. Heard learned APP. It is a fit case to take on file Section 406 and 420 of IPC also against A.1. portion pot with lidWebJul 23, 2024 · Rekha Jain v. The State of Karnataka and Ors. (2024) Facts of the case. In this case, the complainant filed a complaint against Kamalesh Mulchand Jain, who is the husband of Rekha Jain, saying that the appellant’s husband stole more than 2 kg of gold jewelry from him by deception, enticement, and with intent to defraud.According to … portion scoops