16. The opposite party no.2 has specifically alleged in his FIR, when the cheque was returned as dishonoured, he requested the petitioner on various occasions for making repayment but the petitioner was trying to avoid his phone calls and also stopped visiting him. It is true that signature of a person may differ for many reasons, like sickness state of mind, old age and some more reasons. It is equally true that in order to constitute an offence under Section 420 of the Indian Penal Code mens rea i.e. guilty mind is required to be proved. If in the present case it was a simplicitor case of differing signature of the drawer appearing on the cheque due to innocence and if the drawer had bona fide intention to make payment, he could have made payment after receipt of notice in order to discharge his admitted liability, instead of avoiding opposite party no.2, as alleged in the complaint. Accordingly, the mens rea has to be gathered from the facts and circumstances of the case and not from a mere statement that there was all along good relationship and for which there cannot be any mala fide intention from the very beginning in taking loan or issuing cheque, where signature got differed.
