Account Blocking Doesn't Automatically Prove Cheating Intent

2024 0 Supreme(Gau) 119

If the intention to cheat has developed later on, the same cannot amount to cheating. In other words for the purpose of constituting an offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation. ... In the present case there is nothing to show that at the very inception there was any intention#H....

2024 0 Supreme(Jhk) 319

P.C, this court finds that no question was put to the petitioner with regard to any element of cheating or regarding his intention to cheat the complainant much less intention to cheat right from the inception of transactions between the parties of sale purchase of land. ... account does not constitute cheating. ... It is further argued by appellant's counsel that it is....

2024 0 Supreme(All) 2058

It depends upon the intention of the accused at the time of inducement which may be judged by his subsequent conduct but for this subsequent conduct is not the sole test. ... The High Court has held that mere breach of contractual terms would not amount to cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and in the absence of an allegation that the #HL_S....

Crimes

In order to constitute an offence of cheating the complainant is to show prima facie that since the inception of transaction the accused persons had the intention to cheat the complainant. 13. Supporting the contention of Ms. Sethia, Mr. ... Had there been no such representation the complainant would not have withdrawn the case. Since very inception, the inte....

2023 0 Supreme(Chh) 631

The complainant, therefore, necessarily needs to prove that the inducement had been caused by the deception exercised by the accused. ... Such deception must necessarily produce the inducement to part with or deliver property, which the complainant would not have parted with or delivered, but for the inducement resulting from deception. ... At the same time, in order to attract the ingre....

2024 0 Supreme(Jhk) 659

Some money was also transferred to the account of the complainant from the account of Bio Ethanol Agro Pvt. ... If the intention to cheat has developed later on, the same cannot amount to cheating. In the present case it has nowhere been stated that at the very inception there was any intention on behalf of the accused persons to cheat which is a condi....

2023 0 Supreme(Jhk) 1033

If the intention to cheat has developed later on, the same cannot amount to cheating. In the present case, it has nowhere been stated that at the very inception that there was intention on behalf of the accused persons to cheat which is a condition precedent for an offence under Section 420 IPC. ... The complainant carried out the job of the accused company for the tota....

2024 0 Supreme(Jhk) 482

the petitioner had any intention to cheat the complainant since the very inception and the offence punishable under Section 420 of Indian Penal Code is not made out against the petitioner. ... Now coming to the facts of the case, there is no allegation against the petitioner that the petitioner had any intention to cheat the complainant at the time he promised that if t....

Attempt-Charge of attempt to cheat-Awareness of complainant that he would be cheated by accused-Quilt of accused-Penal Code, ss. 403, 490. ... It was held that, although there was no intention on the part of the Currency Office to pay the amount of the notes, M was guilty of an attempt to cheat. ... The Magistrate held that, as Perera knew at the time he handed the money to the #....

2023 0 Supreme(Guj) 293

If the intention to cheat as developed later on, the same cannot amount to cheating. On other words, for the purpose of constituting an offence of cheating, the complainant is required to show that the accused had fraudulent and dishonest intention at the time of making promise or representation. ... It depends upon the intention of the accused at the time to inducement....

2017 0 Supreme(Kar) 1167

If foundation has been laid in the complaint, that would suffice. As such, even in the absence of the ingredients of offence having not been specified in the complaint would not give rise to quashing of the proceedings. It does not necessarily mean that complainant should state in so many words that the intention of the accused was dishonest or fraudulent. The complaint need not reflect the exact words used in a provision defining the offence.

2012 0 Supreme(Cal) 583

The said averment also does not go to show that the accused had an intention to cheat the defacto complainant from the very inception. It further appears from para 5 of the petition of complaint that the accused persons in terms of the agreements paid the amount from time to time for running works and obtained receipts. So it appears that the essential ingredients of offence under Section 420 IPC are found absent in the petition the Complaint.

2009 0 Supreme(Mad) 5387

It is also seen from the averments contained in the complaint that out of the total loan amount of Rs.1,71,000/-certain instalments have been paid by the accused and only a sum of Rs.98,200/-was due. The averments contained in paragraph 6 does not state that at the inception the accused had dishonest intention to cheat the complainant. The allegations contained in paragraph 6 of the complaint is only an inference drawn by the complainant on the basis of the default committed ....

2007 0 Supreme(Bom) 234

In the facts of the present case it is not clear that the. Had she availed off the second option and would not have got the plot then probably it could have been said that she was cheated. accused had an intention to cheat from the very inception because the alternative option, which according to the complainant, was available to her was never availed off by her.

2006 0 Supreme(Pat) 1183

It is further alleged that the accused persons had the intention to cheat the complainant from very beginning. The complainant on the assurance of the accused persons has invested huge amount which has not been returned by the accused. The accused persons committed forgery, prepared forged documents on the basis of which had taken money and cheated the complainant and, thus, committed offence punishable under Sections 420, 406, 465, 467, 468, 471, 500 and 120-B of the Indian ....