The High Court considered a case involving dishonour of cheque ...

HC: No evidence of dishonest intention to cheat at inception of transaction. Conviction u/s 420 IPC not sustained. Complaint u/s 138 NI Act premature. Petitioner acquitted. Complainant may file fresh case within 2 months.

Case Laws Indian Laws

May 21, 2024

The High Court considered a case involving dishonour of cheque and cheating allegations u/s 138 of N.I. Act and u/s 420 IPC. The court found that there was no evidence of dishonest intention at the inception of the transaction, leading to the conclusion that the issuance of a cheque from a closed account did not establish the essential element of dishonest intention u/s 420 IPC. The court noted that the legal notice was premature, as the complainant could still file a fresh complaint u/s 138 of N.I. Act within two months. The conviction and sentence u/s 420 IPC and u/s 138 of N.I. Act were set aside, allowing for the possibility of a fresh complaint.

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The High Court considered a case involving dishonour of cheque ...

HC: No evidence of dishonest intention to cheat at inception of transaction. Conviction u/s 420 IPC not sustained. Complaint u/s 138 NI Act premature. Petitioner acquitted. Complainant may file fresh case within 2 months.

Case Laws Indian Laws

May 21, 2024

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