Cheating Not Proved: When Transactions Aren't Fraud Under IPC 420

2025 Supreme(Online)(Jhk) 4308

The learned trial court then considered that the prosecution has proved the transaction of Rs.9,81,302/- though the same was also not denied by the accused but there was no explanation for receiving of such huge amounts in such account. ... He only obtained the details of the transactions from the concerned account of the Kotak Mahindra Bank but could not get the KYC. The mobile number that was linked to the Bank Account could not be contacted but transaction in that account continued ....

2026 Supreme(Online)(Mad) 667

Such allegations, if ultimately proved, may constitute the offence of cheating. ... 1, to contend that in the absence of entrustment, Section 406 cannot be attracted and further that, on the facts, the dispute is at best contractual/civil and does not disclose the offence of cheating. ... And that on suppression of such fact, the petitioner induced the de facto complainant to part with money and thereafter failed to execute the sale and did not return the money, thereby committing criminal breach of tr....

s house on several occasions but he had not received either the furniture or the return of his money. It was also proved that in April 1945,the Kotalawala Estates Co., Ltd. filed an action against the appellant. ... As I have already pointed out evidence of one similar transaction is not sufficient to prove system. I am of opinion that the Mohideen transaction was not admissible and without such evidence there is no proof of fraud on the part of the appellant. ... It has #HL_....

2025 Supreme(Online)(Tel) 75621

give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. ... Learned counsel for the petitioner submitted that the petitioner is innocent of the offences alleged against him and that the contents of the complaint do not disclose the ingredients necessary to constitute the offence of cheating or criminal breach of trust. ... Therefore, these are the aspects to be required to be proved into. In a case under Section 482 Cr.....

2023 0 Supreme(P&H) 3409

It is well settled proposition of law that a registered document carries a presumption that it was validly executed and it is for the party who questions the genuineness of the transaction, to show that in law, the transaction was not valid. ... A registered document carries with a presumption that it was validly executed and it is for the party challenging genuineness of transaction to show that the transaction is not valid in law. Similar proposition of law was laid down in Prem Sing....

2024 0 Supreme(Jhk) 364

The real test is whether the allegations in the complaint disclose the criminal offence of cheating or not. ... It is well settled that every breach of contract would not give rise to an offence of cheating and only in those cases breach of contract would amount to cheating where there was any deception played at the very inception. ... Non-payment or underpayment of the price of the goods by itself does not amount to commission of an offence of cheating or criminal b....

2024 0 Supreme(AP) 856

property by the accused person whereas for commission of cheating, dishonest intention of the accused has to be present at the inception of the transaction. ... Contrary to what happens in “criminal breach of trust” the intention of the accused, in a case of “cheating” is dishonest from the very commencement of the transaction. ... the very commencement of the transaction. ... It is settled law that a person cannot be charged with the offence of cheating (Section 420 IPC) and criminal ....

2023 0 Supreme(Ker) 450

in inducing the delivery of property, the following ingredients need to be proved: 1. ... Similarly, in Vijay Kumar Ghai and Others (supra), the Apex Court drawn distinction between mere breach of contract and cheating and held that breach of contract could not give rise to criminal prosecution for cheating, but fraudulent or dishonest intention is the basis of ... the offence of cheating. ... That is to say, mere breach of contract by itself, would not constitute an offence of #HL_ST....

2023 0 Supreme(Telangana) 720

STATE OF BIHAR AND ANOTHER, (2002) 1 SCC 241 at paragraph No.11 that mere breach of contract cannot give rise to any criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction and the time when the offence is ... In other words, Sec. 420 specifically punishes aggravated cases of cheating. Any act of cheating, whether fraudulently or dishonestly, is punishable under Sec. 417. ... With this observation, the trial Court found that the ingredients of Sec. 417....

2024 0 Supreme(AP) 1439

Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed. ... No. 112 of 1998 and at the time of sale is also form part of cheating made by him; the testimony of PWs. 1 and 2 categorically proves the dishonest and fraudulent intention of the accused; that the prosecution proved the guilt of the accused beyond all reasonable doubt by examining PW....

2022 4 Supreme 42

It was further submitted that there are no allegations in the complaint filed by the Respondent No. In addition to it, it was submitted that the transaction in question between the parties as revealed from the F.I.R was purely a sale transaction or what may be called as a commercial transaction, therefore the question of cheating does not arise at all. 2 has given a criminal colour to it and that breach of contract does not come within the purview of cheating as defined in IPC.

2017 0 Supreme(Guj) 1871

It is submitted that Section 120(B) of the Indian Penal Code cannot be read in isolation. 8. Learned Senior Counsel Mr. N.D. Nanavaty submitted that a bare reading of the complaint does not make out a case of cheating and conspiracy. It is submitted that in the entire transaction, there is no element of cheating and therefore, there are no corresponding allegations to constitute the offence of cheating. There is no allegation worth the name to suggest that there was any intention between all the accused persons to commit the offences and in absence of any allegations or evi....

2017 0 Supreme(Del) 4589

32. Also, in the case of Smt. Kusum Sandhu and Another v. Sh. Ved Prakash Narang, 2009 CriLJ 1078, this Court has held that: “When there is no fraudulent or dishonest intention is shown right at the beginning of the transaction - A prima facie case of cheating cannot be made out – Complaint did not disclose any ingredients of cheating – Hence, impugned order and complaint quashed.”

2010 0 Supreme(Raj) 1969

As alleged by the complainant, parties entered into an agreement of sale of 170-175 bighas of land, leaving aside 26 bighas of land of prime location, rest of the land has been transferred in terms of the agreement but seller entered into an agreement of sale of the remaining 26 bighas of land also. Thus complainant lodged FIR which is pending investigation. This entire transaction is an outcome of cheating made by said accused. This is assailed on the ground that cheating can be constituted only if the criminal intention at the time of entering into agreement with the comp....

2002 0 Supreme(AP) 1183

If really there was an intention on the part of the petitioner to cheat 1st respondent, he would not have paid any amount to the 1st respondent. ( 7 ) NON-PAYMENT of some amount due for one transaction out of various transactions in business dealings per se does not amount to cheating. The averments in the complaint show that from five years there were transactions between the petitioner and 1st respondent and that the petitioner used to give post-dated cheques, and some times he used to make payment for the goods supplied and fake back the post-dated cheques, and on some o....