https://www.taxtmi.com/caselaws?id=301700 Simultaneous prosecution for cheating under Section 420 IPC and cheque dishonour under Section 138 of the NI Act is not barred by Section 300 CrPC merely because both arise from the same transaction, since the offences are distinct and require different ingredients; the cheating case may proceed separately. However, a charge of cheating requires dishonest intention and deception at the inception of the transaction. As the materials did not show any initial false representation or inducement, and only alleged later issuance of a cheque without funds, the ingredients of Section 420 IPC were not made out. The cheating proceedings were quashed. en-us Thu, 10 Mar 2011 00:00:00 +0530 Sat, 16 Apr 2022 12:53:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301700 Simultaneous prosecution for cheating under Section 420 IPC and cheque dishonour under Section 138 of the NI Act is not barred by Section 300 CrPC merely because both arise from the same transaction, since the offences are distinct and require different ingredients; the cheating case may proceed separately. However, a charge of cheating requires dishonest intention and deception at the inception of the transaction. As the materials did not show any initial false representation or inducement, and only alleged later issuance of a cheque without funds, the ingredients of Section 420 IPC were not made out. The cheating proceedings were quashed. Case-Laws Indian Laws Thu, 10 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301700