A. KRISHNAKUMAR Vs. P. KANNAN

JUDGEMENT

(1.) This Criminal Revision is filed by the Accused against the Order of the Trial Court thereby the charges framed against the Accused under Sec. 138, Negotiable Instruments Act is altered to Sec. 420, IPC.

(2.) The learned Counsel for the Respondent/Complainant would submit that the Trial Court thought fit to alter the charges on the basis of the oral evidence of the Bank Manager to the effect that the Cheque issued by the Accused related to the account of the third party and the very conduct of the Accused in issuing the 3rd party Cheque in discharge of his liability would amount to an act of cheating and the ingredients for the offence under Sec. 420, Penal Code stands satisfied.

(3.) Whereas the learned Counsel for the Accused would seriously argue that so called issuance of Cheque and dishonour of the same and non-payment of the Cheque amount, after intimation of the dishonour of the Cheque constitute the offence punishable under Sec. 138 of the Negotiable Instruments Act and no act of cheating was prima facie made out. This Court finds bona fide in the arguments so advanced on the side of the Accused.