THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.7221 of 2009 ORDER: The petitioner is accused of offences punishable under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 I.P.C. This is a case of dishonour of cheque drawn by the accused in favour of the complainant. It is firstly contended by the petitioner’s counsel that there is correction in the dishonoured memo of the Bank and that there is tampering of date therein. It is a matter which has to be tried and decided by the fact finding Court i.e. trial Court. 2. It is further contended that the entire allegations in the complaint do not contain any ingredients required for attracting the offence under Section 420 I.P.C. to the effect that there is any dishonest intention on the part of the accused or deception from the time of inception of the transaction. The dishonored cheque is stated to have been drawn in partial discharge of two earlier pronote debts. Truth or otherwise of the borrowings under the pro notes and the purpose for which the pro-notes were executed and whether the signed cheque was given in blank, are all questions of fact for the trial Court to answer. In the absence of any allegation of dishonest or fraudulent deception on the part of the accused in giving the cheque in question, the case cannot attract the offence under Section 420 I.P.C. 3. In the result, the Criminal Petition is partly allowed in respect of the offence under Section 420 I.P.C.; and the Criminal Petition is partly dismissed, directing the lower Court to proceed with trial for the offence under Section 138 of the Negotiable Instruments Act. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:15.12.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7221 of 2009 Dt:15.12.2011 ysk