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Author Topic: Private complaint for pronote  (Read 273 times)

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Offline New user

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Private complaint for pronote
« on: April 12, 2018, 05:27:35 PM »
debtor borrowed money from me and gave pronotes in four different occasions/dates 
pronote1 was signed by father alone,
pronote2 was signed by father and son1
pronote3 was signed by father and son2
pronote4 was signed by father and son1

debtor did not pay inspite of repeated demands.  when I sent him the legal notice, he sold his properties and filed Insolvency.  I'm going to file private complaint against him for cheating 420 and criminal breach of trust 406. 

similar to filing 4 seperate civil money recovery suit  for 4 pronotes, can I file 4 seperate private complaint so that there will be seperate punishment?  or just 1 pvt complaint for all 4 pronotes?

Offline kalaskarkk

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Re: Private complaint for pronote
« Reply #1 on: April 29, 2018, 05:35:15 AM »
Dear Sir,

The law is as follows:
==========================================================================
Code of Criminal Procedure Act, 1973


219.Three offences of same kind within year may be charged together.-

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code or of any special or local law:

Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code(45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code,(45 of 1860) and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.
========================================================================

Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
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Re: Private complaint for pronote
« Reply #1 on: April 29, 2018, 05:35:15 AM »

 

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