https://www.taxtmi.com/caselaws?id=301722 In a chit transaction dispute, the HC held that cheating and criminal breach of trust require dishonest intention and mens rea, which were not disclosed on the facts. The subscriber had become the successful bidder, received the bid amount, later defaulted in instalments, and issued a cheque that was dishonoured for insufficiency of funds. The Court treated the controversy as a commercial payment dispute rather than a criminal offence, noting that the dishonoured cheque could be pursued under the Negotiable Instruments Act. The criminal proceedings were therefore quashed as an abuse of process because the necessary ingredients of Sections 406 and 420 IPC were not made out. en-us Wed, 21 Mar 2018 00:00:00 +0530 Sun, 17 Apr 2022 19:52:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301722 In a chit transaction dispute, the HC held that cheating and criminal breach of trust require dishonest intention and mens rea, which were not disclosed on the facts. The subscriber had become the successful bidder, received the bid amount, later defaulted in instalments, and issued a cheque that was dishonoured for insufficiency of funds. The Court treated the controversy as a commercial payment dispute rather than a criminal offence, noting that the dishonoured cheque could be pursued under the Negotiable Instruments Act. The criminal proceedings were therefore quashed as an abuse of process because the necessary ingredients of Sections 406 and 420 IPC were not made out. Case-Laws Indian Laws Wed, 21 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301722