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.
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