https://www.taxtmi.com/caselaws?id=449859 HC dismissed petitioner's plea to quash FIR for dishonoured cheque in plant installation transaction. Petitioner received Rs. 51 lakhs for Chinese technology plant, disappeared for 3 months, then issued cheque with stop payment instruction. Court found Section 138 Negotiable Instruments Act not applicable as statutory notice wasn't issued. However, criminal proceedings under Sections 406 and 420 IPC for cheating and breach of trust can proceed, as allegations suggest technology was never available from China when amount was taken, indicating criminal intent at time of inducement. en-us Sat, 17 Feb 2024 00:00:00 +0530 Wed, 21 Feb 2024 19:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449859 HC dismissed petitioner's plea to quash FIR for dishonoured cheque in plant installation transaction. Petitioner received Rs. 51 lakhs for Chinese technology plant, disappeared for 3 months, then issued cheque with stop payment instruction. Court found Section 138 Negotiable Instruments Act not applicable as statutory notice wasn't issued. However, criminal proceedings under Sections 406 and 420 IPC for cheating and breach of trust can proceed, as allegations suggest technology was never available from China when amount was taken, indicating criminal intent at time of inducement. Case-Laws Indian Laws Sat, 17 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449859