MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Simply Issuing A Cheque From A Closed Account Did Not Automatically Prove Intent To Cheat: High Court of Jharkhand Overturns Convictions in Cheating and Cheque Bounce Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the High Court of Jharkhand at Ranchi has set aside the convictions of Shatrughan Chiraniya for cheating under Section 420 of the Indian Penal Code (IPC) and cheque dishonor under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The case, presided over by Hon’ble Mrs. Justice Anubha Rawat Choudhary, highlighted key issues concerning the evidence of dishonest intention and procedural correctness in the filing of the complaint.

The case originated from a complaint by Kudus Ansari, alleging that Shatrughan Chiraniya had issued a cheque for Rs. 4,85,000, which subsequently bounced due to the account being closed. This followed an unfulfilled oral agreement regarding the sale of land. The Judicial Magistrate, 1st Class, Rajmahal, initially convicted Chiraniya in 2017, a decision upheld by the Additional Sessions Judge-I, Rajmahal, in 2019.

Lack of Evidence for Dishonest Intention: The High Court found that the necessary element of dishonest intention at the inception of the transaction, required to sustain a conviction under Section 420 IPC, was not proven.

Premature Filing of Complaint: The court ruled that the complaint under Section 138 of the NI Act was filed prematurely, before the cause of action had fully arisen, as mandated by the timeline established in relevant legal provisions and precedents.

Revocation of Convictions: Both convictions were overturned, with the court granting Kudus Ansari the liberty to file a fresh complaint under Section 138 of the NI Act within two months.

Justice Anubha Rawat Choudhary’s detailed analysis highlighted several critical points:

Ingredients of Cheating Not Met: The court underscored that the prosecution failed to establish that Chiraniya had a dishonest intention from the start. It was noted that simply issuing a cheque from a closed account did not automatically prove intent to cheat.

Procedural Lapses: The judgment emphasized that the lower courts did not adequately consider the requirements for a valid conviction under Section 420 IPC. Specifically, questions regarding Chiraniya’s intent were not appropriately addressed during his examination under Section 313 of the Code of Criminal Procedure (Cr.P.C.).

Premature Complaint Under NI Act: Citing the Supreme Court’s ruling in Yogendra Pratap Singh v. Savitri Pandey, the court found that the timeline for filing the complaint under the NI Act was not adhered to, rendering the original complaint premature.

Conclusion: The High Court’s ruling is significant in clarifying the evidentiary and procedural standards required for convictions under Sections 420 IPC and 138 NI Act. By overturning the previous judgments, the court has reinforced the necessity of proving dishonest intent and following due process in legal proceedings. Kudus Ansari has been given the opportunity to refile the complaint under the NI Act within two months, ensuring adherence to the proper legal framework.

Date of Decision: 17th May 2024

 Shatrughan Chiraniya vs. The State of Jharkhand and Kudus Ansari

 

Latest Legal News