1) you can file complaint under section 420 of IPC for cheating

2) To deceive is to induce a man to believe that a thing is true which is false and which the person practising the deceit knows or believes to be false. It must also be shown that there existed a fraudulent and dishonest intention at the time of commission of the offence

3) in the present case accused knew account was NPA . yet he issued cheque with dishonest intention that there was sufficient balance in his account for making payment .

4) you have to plead that accused made willful misrepresentation.

Hi, you have to present the cheque and once it is dishonored then you have to initiate proceedings under Negotiable instrument Act.

2. For cheating and fraud you need not prove anything,simply dishonor of cheque for wants of funds is it self sufficient.

3. On the basis of the above you have to file a private complaint under section 200 of the Cr.P.C

1. My cousin issued me cheques from a NPA account and we realised on depositing that this account is NPA isnt that a case of fraud or cheating?

Yes it amounts to cheating and fraud.

2. Please update me what facts would be required to prove this case as cheating or fraud as now he says he doesnt have the money but I even have proof that on 30th September he has made an EMI payment of Rs 4.6 lacs for his investment in Bangalore, making investments in properties and for hosting parties in night clubs he has money.

After getting the cheque bounced, yo ma issue a legal demand notice, if he fails to comply then you may initiate a cheque bounce criminal case against him and seek necessary reliefs as envisaged in law in this regard.

1. You deposit the cheque which will be returned being dishonoured by the Bank.

2. File a cheque dishonour case u/s138 of N.I.Act since you have all the evidence of his dischargeable liabilities on you.

3. Simultaneously, file a police complaint/criminal case against him for cheating you by issuing cheque from a N.p.A. account knowing fully well that the said cheque will not be honoured by the Bank.

1. It is an offence under sections 138 NI Act and also 420 IPC, for which a criminal complaint is required to be filed before the jurisdictional magistrate.

2. Mere criminal case will not result in recovery of money. In order to recover your money you are required to file a civil suit for recovery in the competent civil court. If you have documentary evidence to prove his liability then your prospects are good.