Section 362(D) – “Misrepresentation by the Drawee that Funds are Non-Available”: Whoever being a servant, or an agent of a drawee, intentionally misrepresents that the drawee has no credit or that the credit is insufficient to meet the cheque, or that the credit is not available for payment, commits an offence and shall on conviction, be punished with imprisonment for a term not exceeding two years or with fine or with both. MISCHIEF Section 363 - “Mischief defined”: Whoever, with intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property or any such change in any property or in the situation thereof as destroys or diminishes its value or utility or affects it injuriously, commits mischief: Explanation 1 :- It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause or knows that he is likely to cause wrongful loss or damage to any person by injuring any property whether it belongs to that person or not. Explanation 2 :- Mischief may be committed by an act affecting property belonging to the person who commits the act or that person and others jointly. Illustration:(a) (“A”) voluntarily burns a document of title belonging to (“Z”) intending to cause wrongful loss to (“Z”). (“A”) has committed mischief. (b) (“A”) voluntarily throws into a river a ring belonging to (“Z”) with the intention of thereby causing wrongful loss to (“Z”). (“A”) has committed mischief. (c) (“A”), knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to (“Z”), destroys those effects with the intention of thereby preventing (“Z”) from obtaining satisfaction of the debt and thus causing damage to (“Z”). (“A”) has committed mischief. (d) (“A”), having joint property with (“Z”) in horse, shoots the horse intending thereby to cause wrongful loss to (“Z”). (“A”) has committed mischief. (e) (“A”) causes cattle to enter upon a field belonging to (“Z”) intending to cause or knowing that he is likely to cause damage to (“Z’s”) crop. (“A”) has committed mischief. Section 364 – “ Mischief”: Whoever commits mischief shall on conviction, be punished with imprisonment for a term not exceeding one year or with fine or with both. 101

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