1987 (7) TMI 595

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....e Respondents : Mr. J.S. Duhan 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 Pen....

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....itioner thereupon issued eight cheques of 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, tha....

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.... criminal offence is made out. A distinction 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 pri....