Section 420, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheating – 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

Section 406, 420 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 300 – Constitution of India, Article 20(2) – Cheque bounce case – Double jeopardy -- Two complaints on same allegations – One complaint for offence under NI Act and other under IPC on same set of allegation – Maintainability of -- Matter referred to larger bench to answer the following questions: (1) Whether the ratio of the judgment, in the case of G. Sagar Suri, (2000) 2 SCC 636 and Kolla Veera Raghav Rao (2011) 2 SCC 703 lay down the correct law? or The view taken in the case of Sangeetaben Mahendrabhai Patel (2012) 7 SCC 621 as followed in M/s V.S. Reddy and Sons Crl Appeal No. 1285 of 2015, decided on 28.09.2015 which is subsequent and conflicting, lay down the correct proposition of law? (2) Whether on similar set of allegations of fact the accused can be tried for an offence under NI Act which is special enactment and also for offences under IPC unaffected by the prior conviction or acquittal and, the bar of Section 300(1) Cr.P.C. would attract for such trial?

(SC) Decided on: 11.08.2022

Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce case -- Proclaimed person – Quashing of FIR u/s 174-A of IPC -- Complaint u/s 138 of N.I. Act withdrawn by complainant as compromised – Case of the petitioner that he was not aware of the proceedings u/s 138 of the Act of 1881 and was subsequently arrested and released on bail -- Order declaring the petitioner as proclaimed person would prove to be insignificant inasmuch as the main complaint u/s 138 of the Act itself has been withdrawn -- Petition allowed -- FIR u/s 174-A of the IPC and all the subsequent proceedings arising therefrom quashed/set aside.

(P&H HC) Decided on: 02.06.2022

Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Proclaimed person – Quashing of FIR u/s Section 174-A – Compromise in cheque bounce case – Complaint has been dismissed as withdrawn -- Petition allowed, FIR and consequential proceedings quashed.

(P&H HC) Decided on: 02.05.2022

Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82 – Cheque bounce case – Proclaimed person -- FIR u/s 174-A IPC – Compromise in complaint u/s 138 NI Act case – Complaint was dismissed as withdrawn – FIR u/s 174-A of IPC and all consequential proceedings arising therefrom quashed.

(P&H HC) Decided on: 08.04.2022

Section 420 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce case -- Cheating -- 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

Section 174-A – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case – Compromise between parties -- Proclaimed offender/ person -- FIR u/s 174-A IPC – Quashing of -- Respondent/complainant withdrew his complaint -- In such circumstances, the continuation of the prosecution of the petitioner u/s 174-A IPC would be nothing but an abuse of the process of law – Order declaring the petitioner as proclaimed offender and FIR registered u/s 174-A IPC are both quashed along with all subsequent proceedings.

(P&H HC) Decided on: 22.01.2021

Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case -- Warrant remained unexecuted as accused-petitioner shifted – Proclamation on same address – Legality of – FIR u/s 174A of IPC – Sustainability of -- Without any basis, the Court formed an opinion that the petitioner is intentionally avoiding service and that he is either absconding or concealing himself -- Rather the Court was duty bound to ask the complainant to furnish his fresh address and ensure that the petitioner was duly served before commencing with the coercive process -- Held, trial Court was not required to invoke the provisions of Section 82 of Cr.P.C. -- Declaration of the petitioner as a proclaimed person, and the consequent registration of the impugned FIR cannot be sustained

(P&H HC) Decided on: 12.01.2021

Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case -- Proclaimed person – Settlement between parties – Quashing of FIR u/s 174A IPC -- Entire amount of the cheque in dispute stands paid -- Complainant does not have any objection, in case, the impugned order and FIR are quashed -- Once there is an amicable settlement between the parties and the main petition u/s 138 of N.I. Act, wherein accused was declared as a proclaimed person, stands withdrawn, proceedings u/s 174-A IPC cannot be permitted to continue -- Impugned order and FIR u/s 174-A, IPC quashed along with all consequential proceedings emanating therefrom.

(P&H HC) Decided on: 12.01.2021

Section 174-A – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Cheque bounce case – Proclaimed person -- FIR u/s 174-A of IPC – Settlement of complaint – Quashing of FIR -- Since the complaint u/s 138 of N.I.Act has been withdrawn, the order declaring the petitioner as proclaimed person has become redundant -- Under these circumstances, no useful purpose would be served by keeping the aforementioned FIR alive -- FIR u/s 174-A of IPC quashed along with all subsequent proceedings arising therefrom

(P&H HC) Decided on: 28.12.2020

Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case – Proclaimed offender – Quashing of FIR u/s 174-A of IPC – Petitioner had challenged the order, whereby he was declarednc as proclaimed offender and he was allowed interim bail and later the petition was disposed of as having been rendered infructuous as the petitioner had appeared before the trial Court and had been granted bail – Continuation of criminal proceedings against the petitioner u/s 174-A would be nothing but an abuse of process of law – Petition allowed and FIR u/s 174-A IPC and all consequential proceedings, arising therefrom,

(P&H HC) Decided on: 23.12.2020

Section 174-A – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Cheque bounce case -- Complaint u/s 138 N.I. Act withdrawn – Order declaring proclaimed person -- FIR u/s 174-A IPC – Sustainability of -- 'No Due Certificate' issued by the Bank shows that the entire loan amount outstanding in the name of petitioner stood cleared – Thereupon, the Bank withdrew the complaint -- In such a situation, neither the impugned order nor the consequential FIR can be sustained -- Continuation of proceedings u/s 174-A, IPC shall be nothing but an abuse of process of law – Petition allowed, impugned order and the FIR quashed alongwith all subsequent proceedings.

(P&H HC) Decided on: 09.10.2020

Section 174-A – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82 -- Cheque bounce case – Proclaimed person – Compromise in complaint -- Quashing of FIR -- Considering the fact that the complaint u/s 138 of the N.I. Act was compromised and later on the same was withdrawn -- Petitioner has also shown a bona fide cause for non-appearance before the trial Court -- Service was not effected at the ordinary place of residence of the petitioner and he was not aware of the said fact and immediately, on coming to know about the said order, the petitioner has compromised the matter with the complainant and the complaint u/s 138 of the Act was withdrawn later on -- Petition allowed FIR u/s Section 174-A IPC and all other subsequent proceedings arising thereof, quashed. Vikas Sharma vs. Gurpreet Singh Kohli and another, 2017, (3) L.A.R. 584 relied.

(P&H HC) Decided on: 24.09.2020

Section 174-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141, 142 -- Proclaimed person – FIR u/s 174-A IPC – Quashing of -- Petitioners have shown a bona fide cause for non-appearance before the trial Court as service was not effected at the ordinary place of residence of the petitioners and they were not aware of the said fact and immediately, on coming to know about the said order, they compromised the case with the complainant and the complaint u/s 138 of the Act was withdrawn later on – Petition allowed, impugned order as well as FIR u/s 174-A IPC and all other subsequent proceedings arising thereof, quashed.

(P&H HC) Decided on: 06.02.2020

Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82 -- Cheque bounce case – Proclaimed offender / person – F.I.R. u/s 174-A of IPC – Quashing of -- Petitioner has undergone substantive sentence in the proceedings u/s 138 of the N. I. Act -- Petitioner made the payment to the complainant who entered into a compromise with the petitioner after his claim was satisfied, sentence was reduced to the period already undergone by him – Both F.I.R.s registered u/s 174-A IPC are hereby quashed along with all the subsequent proceedings, however, subject to payment of costs of Rs.3,000/- to be deposited with the District Legal Services Authority.

(P&H HC) Reserved on : 17.05.2019 Pronounced on : 21.05.2019

Section 174-A – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82 -- Cheque bounce case – Proclaimed person – Quashing of FIR-- Non-appearance of the petitioner before Ld. Trial Court is justified for the reason that he was not served at the given address -- After passing of the order, the petitioner has been granted anticipatory bail -- Matter compromised, complainant has withdrawn the complaint u/s 138 of the NIA Act -- Continuation of criminal proceedings against the petitioner under Section 174-A IPC would amount to abuse of process of law – Order declaring proclaimed person and subsequent FIR quashed.

(P&H HC) Decided on: 26.10.2017

Section 174-A – Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82 -- Cheque bounce case – Proclaimed person – Quashing of FIR-- Petitioner could not appear before the trial Court as he was stated to have not been served at the address, where he was residing -- After the passing of the impugned order declaring him as a proclaimed person, he had surrendered before the trial Court and was ordered to be released on bail -- In such circumstances, especially, when the petitioner has duly surrendered before the trial Court, continuation of proceedings under Section 174-A IPC would be an abuse of the process of Court.

(P&H HC) Decided on: 13.09.2017

Section 41 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139, 141, 143, 147 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 320(6) -- Cheque bounce case – Compounding of -- Liabilities created by Sections 138, 139, 141 and 143 of the Negotiable Instruments Act are in contemplation with an offence otherwise not contemplated by Indian Penal Code -- Therefore, Section 147 of the Negotiable Instruments Act would prevail over the scheme including Section 320(6) of Cr.P.C.

(P&H HC) Decided on: 30.05.2017

Section 70 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 357(3), 421(1), 431 – Cheque bounce case – Compensation not paid – Default sentence undergone -- Whether the compensation still recoverable -- High Court held that despite the fact that the default sentence was undergone, yet, under the provisions of the Code of Criminal Procedure, compensation was recoverable – Held, object of the legal fiction created by Section 431 is to extend for the purpose of recovery of compensation until such recovery is completed and this would necessarily take not only to Section 421 of the Cr.P.C. but also to Section 70 of the Penal Code – Judgment of High Court, upheld.

(SC) Decided on: 05.05.2017

Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 438, 482 -- Cheque bounce case – Proclamation u/s 82 Cr.P.C. – FIR u/s 174-A – Quashing of – Inherent jurisdiction of High Court -- Held, looking to the nature of the prosecution against the petitioner-accused under Section 138 of the Act, it would make no difference if he allowed a chance to participate in the prosecution against him, without finding any fault with the trial Court's order -- Petitioner will have to furnish bail bonds with the trial Court on his appearance before the trial Court and shall attend the trial with promptitude for its disposal in accordance with law – In that view of the matter, proclamation order and consequent FIR u/s 174-A of IPC are quashed under the inherent powers of High Court.

(P&H HC) Decided on: 31.03.2017

Section 420 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 177 – Dishonour of cheque – Place for Commission of offence –Territorial jurisdiction -- Remedies available to payee – Relief introduced by Section 138 of the N.I. Act is in addition to the contemplations in the IPC -- It is still open to such a payee recipient of a dishonoured cheque to lodge a FIR with the Police or file a Complaint directly before the concerned Magistrate -- If the payee succeeds in establishing that the inducement for accepting a cheque which subsequently bounced had occurred where he resides or ordinarily transacts business, he will not have to suffer the travails of journeying to the place where the cheque has been dishonoured -- All remedies under the IPC and Cr.PC are available to such a payee if he chooses to pursue this course of action, rather than a Complaint u/s 138 of the N.I. Act – Payee can always file a suit for recovery wherever the cause of action arises dependent on his choosing.

(SC) Decided on: 01.08.2014

Section 420 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Constitution of India, Article 20(1) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 300(1) -- Double jeopardy – Conviction u/s 138 of NI Act – Trial and punishment under Section 420 IPC – Permissibility of – Section 300(1) of Cr.P.C. is wider than Article 20(2) of the Constitution -- While, Article 20(2) of the Constitution only states that 'no one can be prosecuted and punished for the same offence more than once' -- Section 300(1) of Cr.P.C. states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts – Held in the case although the offences are different but the facts are the same -- Hence, Section 300(1) of Cr.P.C. applies -- Consequently, the prosecution u/s 420, IPC was barred by Section 300(1) of Cr.P.C.

(SC) Decided on: 01.02.2011