Anticipatory bail -- Agreement to sell could not fructify into sale deed and in subsequent negotiations, four cheques totalling a sum of Rs. 30 Lakhs were handed over to the complainant -- Cheques dishonoured, complaint u/s 138 of the NI Act filed -- Thereafter FIR u/s 420, 120B IPC – Petition for pre-arrest bail allowed.

(SC) Decided on: 16.08.2022

Dishonour of cheque -- Amount advanced towards the business transaction and loan agreement entered into between the parties -- Period for repayment was agreed and the cheque issued to ensure repayment -- Mere dishonour of the cheque cannot be construed as an act with a deliberate intention to cheat and the mens rea in that regard cannot be gathered from the point the amount had been received -- No offence u/s 420 IPC is made out.

(SC) Decided on: 28.10.2021

Amount advanced towards the business transaction and loan agreement entered into between the parties -- Mere dishonour of the cheque cannot be construed as an act with a deliberate intention to cheat and the mens rea in that regard cannot be gathered from the point the amount had been received -- No offence u/s 420 IPC is made out.

(SC) Decided on: 28.10.2021