IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Suresh Kumar Chauhan S/o Late Lalbahadur Singh Chauhan – Appellant
Versus
State of Chhattisgarh Through State Economic Offence Investigation Bureau – Respondent
JUDGMENT :
Narendra Kumar Vyas, J.
1. Since all the Criminal Appeals and Acquittal Appeal are arising out of same FIR and same judgment, therefore, they are heard analogously and are being disposed of by this common judgment.
2. The criminal appeals have been preferred by the appellants/accused under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 22.02.2018 passed by First Additional Sessions Judge/Special Judge (under Prevention of Corruption Act), Korba (CG) in Special Criminal (P.C. Act) No. 06 /2007, respectively, whereby the appellants have been convicted and sentenced in the following manner:-

3. Brief facts giving rise to case as unfolds from the documents available on record are that complainant P.S. Pinjani, proprietor of Raj Hydro Mechanical Construction Company, Berasia Road, Bhopal made a written complaint before State Economic Offence Investigation Bureau, Bhopal and on the basis thereof, complaint case No. 76 of 1990 was registered by Inspector H.N. Guru and on the basis of complaint, FIR (Ex.P-89) bearing Crime No. 28/91 was lodged alleging that Executive Engineer Hasdev Canal Divison No.1, Rampur, Ko
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The prosecution must establish beyond a reasonable doubt the elements of cheating and conspiracy, including dishonest intent and the specific role of accused in the alleged fraud.
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The judgment emphasizes the need for establishing criminal conspiracy beyond reasonable doubt and the requirement of dishonest intention for the offense of cheating under Section 420 IPC.
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