Question
The offence of dishonor of the cheque excludes
Solution
In Mayuri Pulse Mills and Ors. v. Union of India and Ors. the High Court of Bombay had said that the element of men rea is not a necessary element to constitute a crime under Section 138 of the Negotiable Instruments Act, 1881. The court under the case pronounced that in some cases it is not necessary for the element of mens rea to be present in the commission of the crime. In such situations, the legislature can impose either strict or absolute liability on the offender of the crime
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