In the prosecution under section 138 of Negotiable Instruments Act, 1881 the mens rea i.e. fraudulent or dishonest intention at the time of issuance of cheque is not required to be proved – Swapnil Sohane Vs. Sunil Arora – Madhya Pradesh High Court

Hon'ble High Court held that in the prosecution under section 138 of NI Act the mens rea i.e. fraudulent or dishonest intention at the time of issuance of cheque is not required to be proved. But, in prosecution under section 420 of IPC the issue of mens rea can be relevant. There may be some overlapping of facts in the cases under section 420 of IPC and section 138 of NI Act, but ingredients of offences are entirely different. The essential ingredients of offence punishable under section 420 of IPC are – (i) There must be deception i.e. the accused must have deceived someone; (ii) That by the said deception. The accused must induce a person, (a) to deliver any property; or (b) to make, alter or destroy the whole or part of the valuable security or anything which is signed or sealed and which is capable of being converted into a valuable property. (iii) That the accused did so dishonestly. Both the cases are different.

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