Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2007 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (8) TMI 781 - SC - Indian LawsJurisdiction by the High Court u/s 482 CrPC - Dishonor of Cheque - issued the fabricated cheques to deceive and grab the money - Commission of an Offence of Cheating Or Criminal breach of trust - HELD THAT:- The dispute between the parties herein is essentially a civil dispute. Non-payment or under-payment of the price of the goods by itself does not amount to commission of an offence of cheating or criminal breach of trust. No offence, having regard to the definition of criminal breach of trust contained in Section 405 of the Indian Penal Code can be said to have been made out in the instant case. Neither any allegation has been made to show existence of the ingredients of the aforementioned provision nor any statement in that behalf has been made. Ordinarily, bouncing of a cheque constitutes an offence u/s 138 of the Negotiable Instruments Act. No complaint thereunder had been taken. No act of inducement on the part of the appellant has been alleged by the respondent. No allegation has been made that he had an intention to cheat the respondent from the very inception. In law, only because he had issued cheques which were dishonoured, the same by itself would not mean that he had cheated the complainant. Assuming that such a statement had been made, the same, in our opinion, does not exhibit that there had been any intention on the part of the appellant herein to commit an offence u/s 417 of the Indian Penal Code. Furthermore, admittedly, their residences are in different districts. Whereas the appellant is a resident of the district of Ajamgarh, the respondent is a resident of the district of Rampur. Cheques were admittedly issued by the appellant at his place. There is nothing on record to show that any part of the cause of action arose within the jurisdiction of the court concerned. Even if such statements merits had been made, the same admittedly have been made only at the place where the appellant resides. The learned Magistrate, therefore had no jurisdiction to issue the summons. Musaraf Hossain Khan v. Bhagheeratha Engg. Ltd. and Ors.[2006 (2) TMI 610 - SUPREME COURT]. Thus, the impugned judgment is set aside. The order taking cognizance is quashed. The appeal is allowed. No offence is made out.
|