CHANANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HAVING perused the orders of both the courts below, it appears that the learned trial Court discharged the accused-petitioner under Sections 406 and 420 IPC on the ground that no offence of breach of trust or cheating is made out as petitioner was a landlord of the premises where the complainant was doing business and he took loan in April 1997 for marriage of his son and daughter and also gave two cheques which were not encashed. Learned Revisional Court i. e. learned Additional sessions Judge (Fast Track), balotra remanded case back on ground that prima facie trial Court has to see on the basis of the cheques whether the offence has been made out or not and the accused can take defence during trial.

(2.) IN my view, the finding of the learned revisional Court is contrary to the provisions of law. The court can take cognizance of an offence only if there are sufficient grounds to proceed for having committing an offence. A person who takes loan bonafidely and if he does not pay or give the cheque in which he has no sufficient amount, it is case of simple filing of the money suit or an offence under Section 138 of the Negotiable Instruments Act. No offence of criminal breach of trust of cheating is made out. It is made out only then, when there is a dishonest intention. Here from the very inception, there appears to be no ground to believe any dishonest intention or cheating and the intention is only to take loan for the purpose of marriage of his children. The order of discharge passed by the learned Chief Judicial Magistrate was quite reasonable, whereas the finding of revisional Court is contrary to law and cannot be sustained. The same principle has been laid down by the Hon'ble Supreme court in N. Devidandrappa. v. Sate of karnataka in which it is stated that offence of criminal breach of trust of cheating is made out only when there is a dishonest intention.

(3.) CONSEQUENTLY, this revision petition s is allowed and the impugned order of the learned Additional Sessions Judge (Fast track), Balotra, Headquarter Banner remanding the Case, it set aside. Revision allowed.