Offence of dishonestly issuing a cheque

Petitioner impugned order of Judicial Magistrate whereby after registration of FIR under S. 489-F on complaint of petitioner, the accused was discharged by Judicial Magistrate under S. 63, Cr.P.C.

Validity

Proposition that all cheques given for security or security cheques were beyond scope of S. 489-F, P.P.C. was too broad to be accepted and every transaction must be minutely examined to determine whether said section was attracted to same

In the present case, prima facie, liability arose out of claim of breach of a contract, a claim neither admitted nor acknowledged by accused, and in such circumstances it was doubtful whether an offence under S. 489-F, P.P.C. was committed

Judicial Magistrate in impugned order had observed that dispute between parties was of a civil nature and petitioner wanted to use machinery of criminal law to settle same

No jurisdictional defect or legal infirmity could be pointed out in impugned order

Constitutional petition was dismissed, in circumstances.

Basic ingredients of S.489-F, P.P.C were the "dishonest issuance of a cheque" towards repayment of a loan or fulfilment of an obligation, and that the cheque was dishonoured on presentation.