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2015 (9) TMI 1730 - SUPREME COURTDishonor of Cheque - stay on proceeding by forming opinion that the cases under Section 420 I.P.C and Section 138 of the Negotiable Instruments Act - Section 300(1) of the Code of Criminal Procedure - HELD THAT:- The attractability of Section 300 Cr.P.C. was negatived. The facts in the present case are almost similar to the case stated in Sangeetaben Mahendrabhai Patel [2012 (4) TMI 728 - SUPREME COURT], it has been held that Admittedly, the appellant had been tried earlier for the offences punishable under the provisions of Section 138 of the NI Act and the case is sub judice before the High Court. In the instant case, he is involved under Sections 406/420 read with Section 114 IPC. In the prosecution under Section 138 of the NI Act, the mens rea i.e. fraudulent or dishonest intention at the time of issuance of cheque is not required to be proved. However, in the case under IPC involved herein, the issue of mens rea may be relevant. The attractability of Section 300 Cr.P.C. was negatived. The facts in the present case are almost similar to the case stated in Sangeetaben Mahendrabhai Patel. The learned Magistrate before whom both the cases are pending, are directed to proceed in accordance with law - appeal disposed off.
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