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    <title>Cheque Dishonour Case: Convictions Overturned Due to Lack of Initial Dishonest Intent; New Complaint Allowed.</title>
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    <description>The High Court considered a case involving dishonour of cheque and cheating allegations u/s 138 of N.I. Act and u/s 420 IPC. The court found that there was no evidence of dishonest intention at the inception of the transaction, leading to the conclusion that the issuance of a cheque from a closed account did not establish the essential element of dishonest intention u/s 420 IPC. The court noted that the legal notice was premature, as the complainant could still file a fresh complaint u/s 138 of N.I. Act within two months. The conviction and sentence u/s 420 IPC and u/s 138 of N.I. Act were set aside, allowing for the possibility of a fresh complaint.</description>
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    <pubDate>Tue, 21 May 2024 08:19:51 +0530</pubDate>
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      <title>Cheque Dishonour Case: Convictions Overturned Due to Lack of Initial Dishonest Intent; New Complaint Allowed.</title>
      <link>https://www.taxtmi.com/highlights?id=77598</link>
      <description>The High Court considered a case involving dishonour of cheque and cheating allegations u/s 138 of N.I. Act and u/s 420 IPC. The court found that there was no evidence of dishonest intention at the inception of the transaction, leading to the conclusion that the issuance of a cheque from a closed account did not establish the essential element of dishonest intention u/s 420 IPC. The court noted that the legal notice was premature, as the complainant could still file a fresh complaint u/s 138 of N.I. Act within two months. The conviction and sentence u/s 420 IPC and u/s 138 of N.I. Act were set aside, allowing for the possibility of a fresh complaint.</description>
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      <pubDate>Tue, 21 May 2024 08:19:51 +0530</pubDate>
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