Dishonest intention

For deciding whether or not, there appeared a dishonest intention in issuance of cheque(s), the court should take notice of the facts culminating in issuance of cheque(s)

Where issuance of cheque was backed with no meaningful transaction creating an instant liability of payment of the amount thereof, against certain consideration involved therein, no criminal accountability would prima facie accrue in case of any cheque so issued and dishonoured

Apart from any civil right or liability legally permissible thereagainst, post-dated cheques were of no value in point of criminal accountability since they were normally issued either without having funds in their respective account(s) or the parties had no paying liability of instant nature at the time of issuing

Cheques, which were issued as security so as to develop trust between the parties as a matter of normal business dealings, and were not out-come of any transaction of consideration of the time thereof, would not be a subject of criminal accountability of S.489-F, P.P.C. for want of element of relevant mens rea

Where the parties had settled their accounts or the outstanding dues became payable as instant liability and a cheque was instantly issued against such dues, which subsequently got dishonored, element of mens rea covered by the words "dishonestly issued" as used in the S.489-F, P.P.C, would be present

Where, however, a cheque had been issued towards security and understanding, with prior notice served upon the issuer to arrange payment for encashment in the bank concerned, but same cheque got dishonoured on presentation, it would carry the punitive effect of S.489-F, P.P.C.