Hello Sir/Madam , You can proceed to file two different cases for 138 & 420. Firstly if you won the 138 case & still the accused not ready to pay then you can go for civil suit for recovery of money and ahead of it would be execution proceeding. Private complaint case you can dircetly file in court through a private lawyer. And if FIR is registered then after police doing its inquiry will file the State case that is where APP will appear for you.Your private lawyer can assist the APP. Most importantly when once you receive money from the accused ,if at all you cannot claim it again. If he doesn't then you have civil proceedings to recover your money / even attach his property for the claim made by you. It seems you have done a through study I wish this information will add more knowledge to you & more weight-age to your case.

The facts stated by you make out a case for filing FIR before the nearest police station. However it may be noticed that the current frame of facts does not inspire confidence in the mind of the person listening to it. You have to prove as to how you were carrying the cheque book when you were kidnapped along with other minute details. The agreements have to be scrutinized as well. You should consult an advocate describing him the entire chain of events before taking any further action. Accordingly, you may file a police complaint. If no proper action is taken by police you can move a private complaint in court. Further, when the cheques are dishonored you have to file a reply before the court explaining the reasons behind the events. Regards,

Yes, you can. you have to send a legal notice prior to initiating a legal action under negotiable instruments act. if your client doesn't respond in a good way you may approach the court having jurisdiction to try the matter.

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Send him a legal notice enumerating all the facts as to what transaction took place and how the cheques were bounced. If he does not budge, file a complaint in the court having jurisdiction under section 138 of Negotiable Instruments act.

You ought to send a notice through an advocate for the cheque bounces for the issuer of the cheque within 30 days from receiving the endorsement from the Bank. This is a legal procedure and I would advise you to contact a lawyer at the earliest.

In M/s  Meters and Instrument Pvt. Ltd. V Kanchan Mehta, it was contended by Honorable Supreme Court that an accused in a case under Section 138 of Negotiable Instruments Act can be discharged even without the consent of the complainant if the Court is satisfied that the complainant has been duly compensated. It was also held that the normal role of criminal law that composition of offence is possible only with the consent of complainant/victim is not applicable for cases under Sec.138 of NI Act. This was because the offence under Section 138 was ‘primarily a civil wrong’.

Only 15 days

1. Any endorsement give rise a cause of action to file a Cheque Bounce Act 2. Be sure that it is presented before expiry of 90 days as many times as you like. 3. You must get issue legal notice and then file a complaint with Magistrate... Rest assured.