Firstly, let me point out that, as I mentioned in Can cheating case under Section 420 IPC be filed in cheque bounce?, it may be possible in certain situations that offences under Section 420 IPC and Section 138 of the Negotiable Instruments Act may be committed in a cheque bounce case.
Secondly, with regard to the issue whether these two offences can be tried together, it may be pointed out that there are judgments directly on this point. For example, in the case of G. Sri Hari v. Nandkishore Lohoti, 2003 Cri LJ 643, the Andhra Pradesh High Court had directed the trial court to club together the trial of cases under Section 420 IPC and Section 138 of the Negotiable Instruments Act, when the two offences arose out of the same transaction, and to hold a common trial. Similarly, in the case of Rajeev Kumar Suri v. State of NCT of Delhi [Crl. M.C. No. 570-73/2006, decided on December 12, 2008] [read the judgment], Delhi High Court had given similar directions. So, a joint trial for these two offences may be possible.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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