The top court, however, said proceedings for offences punishable under Section 138 (cheque bounce) of the Negotiable Instruments Act be proceeded in accordance with law. “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,” the bench said.
The top court’s order came on an appeal filed by Ameesha against the May 5, 2022 order of the Jharkhand High Court which dismissed the plea seeking quashing and setting aside of the order by a trial court in Ranchi, in connection with a complaint against her.
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