Director Faces Prosecution u/s 138 for Dishonored Cheque Linked to Inter-Corporate Loan Despite Civil Remedy Available.

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....Dishonor of Cheque - inter-corporate loan (in the form of deposit) given to petitioner being one of the Directors - The settled proposition of law is that though there is civil remedy available in connection with a commercial transaction, but there is no legal impediment to launch a separate prosecution under Section 138 of N.I. Act, subject to the fulfilment of the ingredients constituting such offence, which is indeed different from the instant one, where fraudulent and dishonest intention on the part of the accused/petitioner are the essence of offence, complained of. Therefore, the instant prosecution is very much permissible and with the sanction of law. - HC....