Section 420 IPC is reproduced below:
“420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
It is clear from Section 420 IPC that it is committed when the act of cheating is used to induce the person to deliver some property etc. Such intention to dishonestly induce the person to deliver property etc should be since the beginning, i.e., since the time when the act was first committed.
In your case, you say that hand loan was given. Now, suppose hand loan (which is property) was given at the time when the cheque was given to you, then perhaps Section 420 IPC may be attracted, since at that time the account itself was already closed. So, the intention, as mentioned above, would perhaps have been there to cheat.
But, suppose the hand loan had already been given and the cheque was given subsequently, then at the time of giving the cheque there was no inducement for delivering any property etc (since hand loan is already given), and in such a case, it may become difficult to prove Section 420 IPC. However, even in this case, offence under Section 138 of Negotiable Instruments Act may be made out.
What I have mentioned above is the general scenario. Ultimately, it depends on the detailed facts of an individual case. So, please consult some local lawyer by showing him all relevant documents / facts.
Please also read my following articles, which are relevant to your question:
http://tilakmarg.com/forum/topic/can-cheating-case-under-section-420-ipc-be-filed-in-cheque-bounce/
http://tilakmarg.com/answers/breach-of-contract-will-not-be-cheating-unless-deception-played-at-the-very-inception/
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
