Can a Cheating Accused Surrender to the Magistrate? A Complete Legal Guide

THE accused was charged with cheating under section 400 of the Penal Code by inducing the complainant to pay Rs. 100 on the promise of delivering some rubies. After the evidence of the complainant, the Acting Police Magistrate directed summons to issue on the accused. ... Proctor, who was acting as Police Magistrate and who directed summons to issue on the accused. When the accused appeared on February 25, 1924, he was charged from the summons and made a long s....

2026 Supreme(Online)(Mad) 1070

The learned Magistrate held that it is the specific case of the petitioner/defacto complainant that the alleged acts of cheating took place between 01.12.2021 and 22.02.2021 by A1 to A5; that the amounts transferred by A2 and A5 to the 1st respondent/sixth accused were much prior ... The 1st respondent/sixth accused sought for discharge before the learned Magistrate in Crl.MP.No.37331 of 2024 on the ground that the case of the prosecution that A2 had transferred Rs.75 Lakhs and that A5 had transferred R....

1960 0 Supreme(AP) 231

C. in the court of the Vlth City Magistrate, Hyderabad. The learned Magistrate took the case on file under Section 417 I. P. C. The Advocate for [the accused in the trial court raised certain preliminary objection about jurisdiction and contended that the accused should be discharged straightway. ... C. were satisfied i. e. , the complaint being found to be groundless and the Magistrate recording reasons for discharge on such grounds. Of course, it is true that the learned trial Magistrate#HL_....

High Court Malaya Kuala Lumpur

out by the magistrate is found to be manifestly excessive. ... It is also anchored on the basis, the sentence meted out by the magistrate was manifestly excessive as it was disproportionate to the commission of the offence by accused. ... The accused has also repented by pleading guilty to both the charges. In the premise the plea of guilty by accused is a predominant and pivotal factor considered by this court when reducing the sentence meted out by the magistrate. (See: a href="../le....

2023 0 Supreme(Ker) 450

Judicial First Class Magistrate Court, Kadakkal. ... the offence of cheating. ... That is to say, mere breach of contract by itself, would not constitute an offence of cheating and cheating as an offence shall be established by the ingredients hereinabove extracted and by establishing deceitful intention to get wrongful gain to the accused and corresponding loss to the victim at the ... Background facts: The original complainant is a widow and the 1st accused is her brother. The 2nd #H....

The complainant presented a written complaint to the Magistrate, alleging certain facts which he says show that the accused has committed a breach of the Criminal Law, i.e., cheating. ... The Magistrate ought to have examined the complainant, and until he had done so it was impossible for him to say that no charge could be made out against the accused. It would be sufficient simply to remit the case to the Magistrate to be proceeded with according to law. ... it was impossible for ....

Held, that the accused had committed the offence of cheating under section 398 of the Penal Code. ... Cheating-Jewellery entrusted to accused to be pawned-Redemption of jewellery by accused by false declaration-Nature of the offence-Penal Code, s. 398, The accused was entrusted with some jewellery by H to be pawned. ... set aside the conviction on the charge of cheating. ... Justice Drieberg there stated that the conviction on the charge of cheating#....

2024 6 Supreme 257

accused. ... It is not that the Magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. ... But he could not have gone to the court of Additional Chief Judicial Magistrate by filing a complaint of cheating and criminal breach of trust. 39. ... , then in the same breath it cannot be said that the accused has also committed the offence of cheating as defined and explained in Section 415 of the IPC, punishable un....

2024 0 Supreme(AP) 1439

to one thirty party, discloses that the accused has the intention of cheating; that the silence on the part of the accused during the enquiry in E.A. ... No. 469 of 2003 on the file of the Court of learned II Additional Judicial Magistrate of First Class, Tirupati, for the offences under section 420 of Indian Penal Code (hereinafter referred to as “IPC”) the petitioner/accused filed the present criminal revision case under Section 397 r/w. 401 of the ... No. 469 of 2003 on the file of the Court of learn....

, although the accused has been tried not by lay jurors but by a Magistrate trained in the law. ... R. 526.], that its improper reception was not fatal to the conviction because the accused had been tried not by lay jurors but by a Magistrate trained in the law. ... I have not been able to ascertain with any certainty how the learned Magistrate or the parties understood the case which the accused was called upon to meet in the lower Court. The defence set up by the ac....

2023 0 Supreme(Ker) 311

Can a Magistrate refuse permission to surrender to its jurisdiction to a person accused of an offence?

2021 0 Supreme(All) 1511

Niranjan Singh, the complainant, challenged the order before the Apex Court. The Sessions Judge was approached by the accused before whom later, he surrendered too, and the Sessions Judge without satisfying that the accused was in custody of the Magistrate who refused his prayer, admitted the accused to bail which order was challenged before the High Court and the High Court also upheld the order of the Sessions Judge by putting certain conditions in its order of bail. In that case the accused had been summoned for committing offences under Section 302, etc., of the Penal Code, 1860 and his ....

2011 0 Supreme(Pat) 129

The refusal was without surrender of the accused and the Magistrate also stayed the warrant of arrest which had been issued by him for appearance of the accused. In that case the accused had been summoned for committing offences under Section 302, etc., of the Indian Penal Code and his prayer for bail had been refused by the Magistrate. The Sessions Judge was approached by the accused before whom later he surrendered too, and the Sessions Judge without satisfying that the accused was in custody of the Magistrate who refused his prayer, admitted the accused to bail which ord....

Dishonour Of Cheque

In the result, this Criminal Appeal is allowed setting aside the Judgment dated 30-11-2001 passed in C.C. No. 529 of 1999 on the file of III Metropolitan Magistrate, Hyderabad and conse-quently R 2 accused is found guilty for the offence under Section 138 of Negotiable Instruments Act and he is convicted of the same and is sentenced to suffer SI for six months and to pay a fine of Rs. 5,000/- (Five thousand only), in default to suffer SI for three months. R 2 accused is directed to surrender himself before the court below on or before 1-8-2004 and thereupon the learned Magistrate s....

1995 0 Supreme(MP) 461

The accused shall surrender himself on or before 9th May, 1994 for undergoing the sentence, before the Chief Judicial Magistrate, Shivpuri. Failure to deposit the fine, he shall further undergo 18 months imprisonment.