https://www.taxtmi.com/caselaws?id=422716 Dishonour-of-cheque proceedings under Section 138 of the Negotiable Instruments Act do not bar a subsequent cheating prosecution under Section 420 of the Indian Penal Code arising from the same transaction, because the two offences have distinct ingredients and cheating requires proof of dishonest intention at inception. The court also noted that a private complaint seeking investigation under Section 156(3) of the Criminal Procedure Code must show prior approach to the police and be supported by an affidavit, as required by Priyanka Srivastava. On the facts described, those procedural requirements were satisfied, so no defect was made out in the complaint. en-us Tue, 10 May 2022 00:00:00 +0530 Fri, 20 May 2022 10:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=422716 Dishonour-of-cheque proceedings under Section 138 of the Negotiable Instruments Act do not bar a subsequent cheating prosecution under Section 420 of the Indian Penal Code arising from the same transaction, because the two offences have distinct ingredients and cheating requires proof of dishonest intention at inception. The court also noted that a private complaint seeking investigation under Section 156(3) of the Criminal Procedure Code must show prior approach to the police and be supported by an affidavit, as required by Priyanka Srivastava. On the facts described, those procedural requirements were satisfied, so no defect was made out in the complaint. Case-Laws Indian Laws Tue, 10 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=422716