naresh (advocate) 18 July 2008
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