Despite invocation of Section 138 of NI Act Crime can be registered under Sections 406, 420 of IPC

Rashmi Tandon Vs State of Karnataka (Karnataka High Court) In a case under Negotiable Instruments Act, 1881 what is required to be noticed is, whether it is for a legally enforceable debt and a fine is imposed. In an offence involved on the same instrument under Sections 406 or 420 IPC sentence of seven years can be imposed and the element mens rea is what is required to be seen in a case for offence of cheating under Section 420 of the IPC inter alia. The Apex Court holds that there can no question of it being violative of Article 20(2) of the Constitution of India or Section 300(1) of the Cr...