A Division Bench of Hon'ble Supreme Court comprising of Justice BR Gavai and PS Narasimha issued notice to the Jharakhand Government in an order pased by the Jharkhand High Court and stayed criminal proceedings for offence of cheating and criminal breach of trust u/s 420 and 406 IPC.
The Apex Court has, however, ordered that the offence punishable u/s 138 NI Act would proceed in accordance with law.
The order of the Top Court in this matter reads as under:-
"Issue notice only with regard to the offences punishable under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code, 1860. Until further orders, the proceedings under Sections 406 and 420 of the Indian Penal Code shall remain stayed.
We, however, clarify that the proceedings, insofar as offences punishable under Section 138 (cheque bounce) of the Negotiable Instruments Act are concerned, they be proceeded in accordance with law,"
One Ajay Kumar Singh had filed a complaint against the Bollywood actor who stated that he had transferred Rs. 2.5 Crore in her bank account for production of a movie titles as "Desi MAgic"
The MAgistrate Court had taken coznizance on this complaint against the actor u/s 406, 420 IPC and 138 NI Act.
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