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    <title>2020 (1) TMI 383 - JHARKHAND HIGH COURT</title>
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    <description>Cheating under Section 420 IPC was not made out because the materials showed a long-standing monetary relationship and no dishonest intention from the inception; the dispute was treated as a civil non-refund issue. Section 138 of the Negotiable Instruments Act was also not attracted because the complainant&#039;s own documents showed that the cheques were issued only as security, not in discharge of an enforceable debt or liability as alleged. Since the complaint materials and pre-charge record disclosed no offence, the orders taking cognizance and rejecting discharge were unsustainable, and the criminal proceedings were quashed.</description>
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      <description>Cheating under Section 420 IPC was not made out because the materials showed a long-standing monetary relationship and no dishonest intention from the inception; the dispute was treated as a civil non-refund issue. Section 138 of the Negotiable Instruments Act was also not attracted because the complainant&#039;s own documents showed that the cheques were issued only as security, not in discharge of an enforceable debt or liability as alleged. Since the complaint materials and pre-charge record disclosed no offence, the orders taking cognizance and rejecting discharge were unsustainable, and the criminal proceedings were quashed.</description>
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