Free Legal Advice from Top Lawyers in India
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : Depends on the NI IPC 138 application. IPC 406/420 can be filed together but NI 138 is a specific purpose case.
Toprani Law Firm
Galleria DLF-IV , Gurgaon
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both can be filed together
Sunil Kumar Sharma
Bhaderwah , Doda
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : No can't.
JOHNSON THANGIAH
Palayankottai , Tirunelveli
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : Dear Sir,
Since both cases are due to separate cause of action, they may go together.
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : You can file saprate case 138 and 420
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both the cases ; as you have already filed FIR and you can pursue the IPC case also.
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both cases can run simultaneously.
Rajeev Srivastava
Kavi Nagar , Ghaziabad
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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, parallel matter can be filed and run together, however it is advisable be with 138 matter mostly then Sec. 420 .
But for tactical view and considering the rest 14 persons situation, it can be done.
Sudhanshu Dixit
Indore Tillaknagar , Indore
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both can be proceeded together. However in a 138 case it is court which will take action and issue warrants BW and NBW and then proceed to sec 82 and 83 Cr.P.C.
ANAND SHUKLA ADVOCATE
New Delhi G.P.O. , New Delhi
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both can be filed if there is insufficiency as well as doubt of fraud
ANAND SHUKLA ADVOCATE
New Delhi G.P.O. , New Delhi
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 separate application to include 420 ipc with 138 complaint
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : 138 NI act and 420 IPC can be filed simultaneously. And if there are other 14 persons are victims and if you have details off all 14 victims, then all of you must file a class action against the accused.
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : It is better you only proceed with 138 N. I Act as it comes under special Act and more beneficial to complainant, further 420 comes under IPC where the police have to investigate and 420 has to be proved beyond reasonable doubt and charge has to be framed etc which will consume time, further 138 is less time consuming and you can also file application to deposit 20 percent till the case is decided. Proceed with 138 and if he does not attend get issued arrest warrant.
BHARAT NARASGOUDA
Belgaum City , Belgaum
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : It is better you only proceed with 138 N. I Act as it comes under special Act and more beneficial to complainant, further 420 comes under IPC where the police have to investigate and 420 has to be proved beyond reasonable doubt and charge has to be framed etc which will consume time, further 138 is less time consuming and you can also file application to deposit 20 percent till the case is decided. Proceed with 138 and if he does not attend get issued arrest warrant.
BHARAT NARASGOUDA
Belgaum City , Belgaum
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : 1.In the usual course, you have a right to file a Complaint under Section 200 of CRPC Read With Section 138 of the N I Act against the Person, who has issued a Cheque
for a legally liable debt. When the Negotiable Instruments Act was enacted, the parties wanted the matter to be filed as Cheating case and many cases were filed under Section 138 NI Act along with Section 420 of Indian Penal Code.
2. If there is a specific reason for which you pad money or supplied materials or for services, that you have received a Cheque, it is a pure case under Negotiable Instruments Act. The same applies to the 14 other persons who have received cheques. The Higher Courts in India have already held that Cheating under Section 420 is not applicable in normal course.
3. The reasons for filing IP case by the person, who has issued a cheque to you, may be on various reasons. You must understand that the Civil Law in India gives a free chit to any person to approach the Hon'ble Civil Court to file a MIsc Petition to declare/consider him/her as a Pauper on various grounds. There is NO Law/Obligation for any Indian as on today to Compulsorily Declare that all the movable and Immovable properties of each and every Indian should be linked with Aadhaar/ PAN/Passport/Ration Card and other Govt Certificates issued and hence people like the respondent in your case has absconded.
4. There are many aspects to be considered by the Police in your complaint. If there is an offence committed by the Respondent in issuing the cheque of some other person and posing as such person, cheated a number of persons selling lands illegally or of Govt Lands, Criminal Breach and or escaped by cheating many after availing deposits without registration and issued cheques. However, the Police in as many States in India take less interest in such private complaints as far as investigation and arresting culprits are concerned. Linking Aadhaar is not liked by the persons holding Constitutional and Statutory posts in India. Police will be the last persons to accept such a proposal. They usually interfere when Crores of Rupees is cheated and Home Ministry takes interest in the matter to nab the culprit.
5. If you can take up the matter with the Finance Ministries in the State and the Central and Reserve Bank, pertaining to link all his movables and Immovables and Bank accounts of the Respondent to Aadhaar, then you, the other 14 persons and the police may be in a position to exactly get a direction by an Hon'ble Court to pursue against him.
6. As of now, obtain a conviction Order by the Hon'ble Judicial Magistrate on the Complaint filed. Further try with the Police after sending the representations to Finance Ministries, Reserve Bank and try to file a Writ Petition before the Hon'ble High Court to provide the details of all Bank accounts of the Respondent. Try you luck. The Law, if decided in your favour, will be a precedent as few have not obtained any proper replies from Reserve Bank and Ministries.
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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. Accused can be prosecuted in both simultaneously as both have different cause of action.
Umesh Gandhi
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : 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. Both the proceedings can run concurrently.
Ahmad Shazeb Azhar
Thakurganj , Lucknow
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : Sec 138 NI act and 420ipc and 406 ipc are mutually exclusive thus if complaint has been filed under sec 138 then fir under section 420 ipc and 406 ipc cannot be lodged for the same cause of action
SSv associates
Krishna Nagar , East Delhi
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 may do it
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both ur cases 138 ni act and 420 etc. IPC can go parallel.
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both ur cases 138 ni act and 420 etc. IPC can go parallel.
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 both the petition together
for more details you can contact me
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : Definetly You can file Case on Judicial First Class Majistrate court N.I Act U/S 138 And IPC U/S 420.
Chandra Sekhar
Adoni , Kurnool
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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 the same.
SUVAJIT GHOSH DASTIDAR
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Subject : Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : You may file a criminal case of cheating, provided the ingredients are present.
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My 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..
