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Q. General Queries

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Tushar Nehete

posted 7 months ago

Q.General Queries
Dear sir,

I have few queries. I will be thankful to you if you clear my following doubts.

1)What is better: to file two separate complaints or one combined complaint for cheque bounce u/s 138 NIA and 420 IPC? What are pros and cons of both?

2) Is it mandatory to first file police complaint under sec 420 IPC and only if it rejects to take it then and then only one can approach the court of law? or one can directly complain to the court? Can one directly file a private complaint case to the court instead of requesting it to order the police to register the FIR under CrPC?

3) If an FIR is filed with police for cheating, can the complainant hire a private lawyer instead of or in addition to public prosecutor?

4) What's better in case of sec 420 IPC complaint in cheque bounce: to file FIR with police and leave it up to the state or file private complaint in the court and hire a private lawyer?

5)Should one file a criminal case u/s 420 IPC after he loses the 138 NIA battle? Will it make any sense?

6) What legal action can be taken by the accused against a complainant who lost the case in the court of law for cheating u/s 420 IPC for cheque bounce and 138 NIA? What can be the punishments?

7) Can one file recovery suit in the civil court and consumer forum simultaneously in a cheque dishonour case? Or only either of the two?

8) If criminal court orders two times fine to the accused u/s 138 NIA, is the amount given to the complainant? If it is given to him can he also get the amount once more from a civil recovery suit won? And also from consumer forum the third time if simultaneous CPA & CPC proceedings are allowed? Will it not be an injustice to the accused?

9) Is it necessary for the complainant to mention in every complaint details of other fora or courts in which he has filed complaints before this for the same same cause of action and current status of those cases i.e. pending, lost or won etc?

Thanks.
-Tushar Nehete
Law student,
Jalgaon.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 7 months ago

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A. ) Dear Mr Nehete,
1.It will be better to have one provided it is linked to cheque bounce.
2.Both the options are open.The choice is yours.
Shanti Ranjan Behera
Advocate

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 7 months ago

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A. ) I was suggested in privious answer please follow it

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 7 months ago

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A. ) Dear sir,
My answers are as follows:
1)What is better: to file two separate complaints or one combined complaint for cheque bounce u/s 138 NIA and 420 IPC? What are pros and cons of both?
Ans: Only one complaint can be file under section 138

2) Is it mandatory to first file police complaint under sec 420 IPC and only if it rejects to take it then and then only one can approach the court of law? or one can directly complain to the court? Can one directly file a private complaint case to the court instead of requesting it to order the police to register the FIR under CrPC?
Ans. Normally when 138 is made out complaint under section 420 may not be registered but it is not general rule.

3) If an FIR is filed with police for cheating, can the complainant hire a private lawyer instead of or in addition to public prosecutor?
Ans: With great difficulty.

4) What's better in case of sec 420 IPC complaint in cheque bounce: to file FIR with police and leave it up to the state or file private complaint in the court and hire a private lawyer?
Ans: to leave to the State to take the issue.

5)Should one file a criminal case u/s 420 IPC after he loses the 138 NIA battle? Will it make any sense?
Ans: only when there is separate material.

6) What legal action can be taken by the accused against a complainant who lost the case in the court of law for cheating u/s 420 IPC for cheque bounce and 138 NIA? What can be the punishments?
Ans: Upto 7 years for 420 and upto 1 year for 138

7) Can one file recovery suit in the civil court and consumer forum simultaneously in a cheque dishonour case? Or only either of the two?
Ans: yes, it is better to get interest.

8) If criminal court orders two times fine to the accused u/s 138 NIA, is the amount given to the complainant? If it is given to him can he also get the amount once more from a civil recovery suit won? And also from consumer forum the third time if simultaneous CPA & CPC proceedings are allowed? Will it not be an injustice to the accused?
Ans: It will be adjusted in civil suit.

9) Is it necessary for the complainant to mention in every complaint details of other fora or courts in which he has filed complaints before this for the same same cause of action and current status of those cases i.e. pending, lost or won etc?
Ans: Yes, it is better.
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