Section 489-f applies to those cases only where cheque is issued by the accused himself and not in other cases. ................

 2014 Y L R 882

Section 489-f applies to those cases only where cheque is issued by the accused himself and not in other cases. This answer/intent has been gathered by me from careful perusal of this very provision of law. In the later part of this section it has been provided that to come out from the rigors of this Section the accused musts show that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault (Boldness of words and underlining is mine). This part of the provision makes it crystal clear that intention of the Law Maker is that this section would attract only to those cases where the cheque is issued by the accused himself and not in other cases because otherwise word "his" would not have been written and instead word "the" was sufficient. So the most important and basic ingredient to constitute an offence under this section is that the accused must himself issue a cheque. Viewing the matter from this angle I am of the considered opinion that although the petitioner might have cheated/defrauded the complainant or have committed breach of trust and thus deprived him of huge amount even then section 489-F, P.P.C. is not attracted to the facts and circumstances of the present case.