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naresh (advocate)     18 July 2008

seeking advice as well as judgements

i have file criminal complainat under section 420 and 406 in place of N.I Act for cheque Bounce whether the complaint is maintanabel pls suggest any judgement which support that a criminal complaint under 420 and 406 is maintanabel against cheque bounced

thanks in advances

harish


Learning

 2 Replies

KANDE VENKATESH GUPTA (ADVOCATE)     19 July 2008

Please give the brief  facts  of the case leading to the dispute for giving clear opinion.  But, however I am giving my opinion in the given situation.  For bare dishonour of the cheque, only proceedings u/s 138 of the N.I.Act are to be initiated.  But, however for initiation of the proceedings u/s 420  I.P.C.,  the intention of the accused to deceive at the time of  original transaction  or at the time of  issuing the cheque are to be ascertained.  For example, if the accused obtains a loan and gives the cheque pertaining to the account which was already closed by him, it clearly attracts the ingredients of Sec.420 I.P.C.  For establishing the offence u/s 406 I.P.C. the complainant must show that  the accused was entrusted with some property and the accused has dishonestly misappropriated the same for his own use. 

KANDE VENKATESH GUPTA (ADVOCATE)     19 July 2008

Please give the brief  facts  of the case leading to the dispute for giving clear opinion.  But, however I am giving my opinion in the given situation.  For bare dishonour of the cheque, only proceedings u/s 138 of the N.I.Act are to be initiated.  But, however for initiation of the proceedings u/s 420  I.P.C.,  the intention of the accused to deceive at the time of  original transaction  or at the time of  issuing the cheque are to be ascertained.  For example, if the accused obtains a loan and gives the cheque pertaining to the account which was already closed by him, it clearly attracts the ingredients of Sec.420 I.P.C.  For establishing the offence u/s 406 I.P.C. the complainant must show that  the accused was entrusted with some property and the accused has dishonestly misappropriated the same for his own use.   Got through the Judgments


1995 ALD(2) 198


1995 ALD(5) 761


2001 ALT (Crl) 1-2005


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