Can ni 138 and ipc 420 be filed together
WebSection 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.
Can ni 138 and ipc 420 be filed together
Did you know?
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: 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. 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. WebJul 18, 2024 · Contentions: The petitioners submitted before the Court that the respondent, prior to the filing of the complaints under S. 138, NI Act, had filed an FIR for offences …
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 ... WebNo.905 of 2024 dt.21-08-2024 35/ 36 culminated in filing of a chargesheet under Sections 406 and 420 of the IPC and Section 138 of the NI Act. 69. In N. Harihara v. J. Thomas (supra), the Supreme Court has held that the scheme of the prosecution under Section 138 of the NI Act is different from the scheme of the CrPC .
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 …
WebMar 25, 2024 · 2. Procedure for filing a Complaint under Section 138, NI Act . 3. Documents to be annexed with the Complaint . 4. Recent Developments : Landmark Judgements . Statutory Aspects: Section 138: An offence committed under Section 138 is a non-cognizable offence (a case in which a police officer cannot arrest the accused … how to set up views in rhinoWebFirst 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 … how to set up vicks humidifierWebNov 20, 2024 · Section 138 of NI Act and Section 420 IPC not exclusive to each other, a person can be charged with both offences simultaneously ... 406 of IPC are mutually … how to set up viewmypaycheckWebNov 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 … how to set up video visit on jpayWebJul 27, 2024 · The Application had been filed by 10 Financial Creditors for initiation of corporate insolvency resolution process against M/s R.G. Shaw & Sons Pvt. Ltd. on account of its failure to make payments ... how to set up victony wifi extenderWebCan NI 138 and IPC 420 be filed together? Answer By Lawyer : 138 NI act and 420 IPC can be filed simultaneously. What if chargesheet is not filed in 498A? 498a is a criminal … how to set up vertical gpuWebMy question is Can NI 138 and IPC 420 be filed together? Subject: Can NI 138 and IPC 420 be filed together? Answer By Lawyer: Yes you can file as their no bar regarding … nothing\u0027s too big big big for his power