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SANDEEP MEHTA
Haripal Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The petitioner Haripal Singh has approached this Court by way of this petition under Section 482 Cr.P.C. for assailing the order dated 13.08.2021 passed by learned Addl. Sessions Judge, Sumerpur, District Pali dismissing the Revision (No.26/2017) preferred by the petitioner and affirming the order dated 10.04.2017 passed by learned Judicial Magistrate, Sumerpur taking cognizance against the petitioner for the offences punishable under Sections 420 & 406 IPC.
2. I have heard and considered the submissions advanced at bar and have gone through the material available on record.
3. Ms. Borana, Assistant to Shri Dhirendra Singh, learned senior counsel representing the petitioner submits that the order taking cognizance is absolutely illegal and bad in the eyes of law because the highest allegations of the complainant in the complaint are regarding dishonour of the cheque issued by the petitioner for a sum of Rs.55,000/- way back in the year 2015. Rather than proceeding under Section 138 of the N.I. Act, the complainant filed the belated FIR for the offences punishable under Sections 420 & 406 IPC. After investigation, the investigating agency, has submitted a negative final report
The intention to cheat must be shown to exist at the inception of the transaction for seeking prosecution for the offences of cheating and breach of trust.
The court clarified the distinction between the elements of offences under Section 138 of the NI Act and Section 420 of the IPC.
Distinct offences under the IPC and NIA can coexist, and concurrent prosecutions do not violate the double jeopardy principle under Article 20(2) of the Constitution.
The main legal point established in the judgment is that the presumption in favor of the holder of a cheque for the discharge of debt or liability under Section 139 of the N.I. Act is rebuttable, and....
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