S.138, NI Act, 1881 : Mens Rea is not Necessary
A recent judgment has been passed on 28 March 2023 in context of Negotiable Instruments Act, 1881.
It has been commented at page 4 and 5 of Swapnil Sohane v Sunil Arora [2023] GCtR 726 (Jabalpur, MP) thus : -
"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."
One can download judgments of Hon'ble MP High Court absolutely free of cost from the following link : -
https://mphc.gov.in/judgement-orders
Then entering, case number, for example as Criminal Revision 136 of 2019.
Written by
Vishal
Delhi
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