https://www.taxtmi.com/caselaws?id=752872 A conviction for cheating under Section 420 IPC cannot stand without allegation and proof of dishonest intention at the inception of the transaction; on the record, that core ingredient was absent, so the conviction was set aside. A complaint under Section 138 of the Negotiable Instruments Act is maintainable only after statutory notice is served and the drawer fails to pay within the prescribed waiting period; because the complaint was filed before service was proved and before the cause of action had crystallised, the conviction under Section 138 was also unsustainable and was quashed. The revision succeeded, with liberty preserved to file a fresh cheque dishonour complaint in accordance with law. en-us Fri, 17 May 2024 00:00:00 +0530 Tue, 28 May 2024 14:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=752872 A conviction for cheating under Section 420 IPC cannot stand without allegation and proof of dishonest intention at the inception of the transaction; on the record, that core ingredient was absent, so the conviction was set aside. A complaint under Section 138 of the Negotiable Instruments Act is maintainable only after statutory notice is served and the drawer fails to pay within the prescribed waiting period; because the complaint was filed before service was proved and before the cause of action had crystallised, the conviction under Section 138 was also unsustainable and was quashed. The revision succeeded, with liberty preserved to file a fresh cheque dishonour complaint in accordance with law. Case-Laws Indian Laws Fri, 17 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=752872