1987 (7) TMI 595

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....ORDER PRITPAL SINGH, J. 1. Two connected petitions under Section 482 of the Code of Criminal Procedure (Crl. Misc. No. 4315 M of 1985 and Crl. Misc. No. 6411-M of 1985) are being disposed of by this order. In the first petition a complaint dated April 20, 1985 (Annexure p3) filed by Chaman Lal Respondent under Sections 406, 4l5, 420 and 506 of the Indian Penal Code against the Petitioner in the ....

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....f different dates in his favour. These cheques, on presentation to the Bank, were dishonoured. On these allegations it has been alleged that the Petitioner has defrauded the Respondent and has committed breach of trust. 3. At the very outset it may be mentioned that this Court held in Iqbal Singh Randhawa v. Doctor Satpal Goyal (1977) 4 Cr, L. T. 244, that an offence under Section 406, Indian Pen....

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.... has to be drawn between a case where a cheque is issued in order to discharge an existing liability and a case where it is issued against delivery of goods with an assurance that it will be encashed when presented to the Bank. In the first case it would amount only to a breach of promise if the cheque is not encashed but in the second case it may be prima facie evidence of an intention to cheat. ....