SANJAY AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the opposite parties.

(2.) FINDING a prima facie case under Sections 138 of N.I. Act and 420 of the Indian Penal Code, process has been issued by the Magistrate which is confirmed by the Revisional Court. Allegation is that for the dues of Shanti Fuel Services Petroleum, six cheques were issued but dishonoured when were submitted for their encashment showing fund insufficient.

(3.) ANOTHER allegation is for the offence under Section 420 of the I.P.C. on which submission of learned counsel for the petitioner is that in course of business transaction, some dues remained with accused persons for which cheques were issued, so there was no dishonest or fraudulent intention from the beginning which is necessary ingredient for constituting the offence under Section 420 of the I.P.C. Allegation made in the complaint petition lacks fraudulent or dishonest intention, rather same was to the effect that earlier payment was made regularly. Hence, no offence is made out under this Section also.