Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The courts have emphasized that a civil transaction, like a contractual breach, cannot be converted into a criminal offence of cheating unless dishonest intent and deception are proven from the outset (Bhim Sain Arora vs State - 2025 0 Supreme(Del) 443, Zee Entertainment Enterprises Ltd vs State Of Gujarat - 2025 0 Supreme(Guj) 1241).
Analysis and Conclusion:
In today's digital age, online scams are rampant, leaving victims wondering: Police Complaint against Money Cheating Case – where exactly should you file it? If you've been deceived into transferring money online, understanding jurisdiction is crucial for swift action. This guide breaks down Indian law on filing complaints for cheating under the Bharatiya Nyaya Sanhita (BNS), 2023, formerly IPC Section 420, helping you navigate the process effectively.
Note: This is general information based on legal principles and case law. Consult a qualified lawyer for advice specific to your situation.
Cheating involves deception that induces a person to deliver property, including money via online means. Under Section 318 of the Bharatiya Nyaya Sanhita, 2023, the offence is complete when fraudulent inducement leads to property transfer BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.318 : Cheating - - Central.
The place of filing primarily depends on:- Where the deception was practiced,- The victim's location,- Or where the money was transferred or misappropriated BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.318 : Cheating - - Central.
Courts emphasize that jurisdiction lies where the offence occurred, the victim resides, or the transaction happened Alpic Finance LTD. VS P. Sadasivan - 2001 2 Supreme 69Kalavati Devi @ Kalavati vs State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko - 2025 0 Supreme(All) 2730.
The offence starts with deception, often via calls, apps, or websites. If you were tricked while in your city, that court's jurisdiction applies Alpic Finance LTD. VS P. Sadasivan - 2001 2 Supreme 69. The place where the deception occurs, or where the victim is located, is relevant for jurisdiction BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.318 : Cheating - - Central.
Online transfers via UPI, NEFT, or IMPS tie jurisdiction to:- Your bank account location,- Where funds were credited to the fraudster, or- Transaction execution point Ajay Kumar Baghel VS State of U. P. - 2024 0 Supreme(All) 519.
The transfer of money through online means can be considered a property transfer, and the location of the victim or the bank account receiving the money is significant Ajay Kumar Baghel VS State of U. P. - 2024 0 Supreme(All) 519.
In cyber frauds, courts uphold filing where the victim's account is based or money debited Hridaya Ranjan Pd. Verma VS State Of Bihar - 2000 3 Supreme 13.
Indian courts have clarified these principles consistently:- Supreme Court and High Courts hold the offence occurs where deception or transfer happens Alpic Finance LTD. VS P. Sadasivan - 2001 2 Supreme 69Hridaya Ranjan Pd. Verma VS State Of Bihar - 2000 3 Supreme 13. The Supreme Court and High Courts have consistently held that the place of the offence in cheating cases is where the deception was practiced or where the property was dishonestly transferred or retained Hridaya Ranjan Pd. Verma VS State Of Bihar - 2000 3 Supreme 13.
For online cases, jurisdiction includes the victim's bank or transfer site Ajay Kumar Baghel VS State of U. P. - 2024 0 Supreme(All) 519.
Not every failed transaction is cheating. Mere breach of contract doesn't qualify without initial dishonest intent. In a land sale case, Mere breach of contract does not constitute cheating under IPC unless there is evidence of dishonest intention from the outset Prem Chand Verma VS State of U. P. - 2024 Supreme(All) 2058. Courts quash summons if no cheating ingredients exist Prem Chand Verma VS State of U. P. - 2024 Supreme(All) 2058.
However, in property deals with clear inducement, cheating holds: The court emphasized that the intention of cheating and failure to fulfill a promise in a property transaction constituted the offence of cheating under the Indian Penal Code Y. N. Yadav VS State of Jharkhand - 2023 Supreme(Jhk) 1438.
In a case where a victim was induced to deposit via online transfers, money was quickly withdrawn via ATM: From the said accounts, the petitioner had transferred money through online account transfer to beneficiary accounts and the accused persons have withdrawn money through ATM Obinna Nicodemus Enweka @ Obina Icodemus VS State of Orissa - 2017 Supreme(Ori) 1082. Bail was denied due to gravity, highlighting courts' seriousness toward online frauds Obinna Nicodemus Enweka @ Obina Icodemus VS State of Orissa - 2017 Supreme(Ori) 1082.
Economic offences like fund diversion are treated stringently: Cheating institutions of their money is a criminal offence which must be treated as such... The loss caused to the exchequer due to misuse of public money creates an adverse impact on the economy Rashmee Seengal VS State Through Eow And Another - 2022 Supreme(Del) 1166.
Digital frauds span borders, but courts focus on tangible links:- Victim's residence or bank (primary),- Fraud platform's server (if identifiable),- Receiving account's branchHridaya Ranjan Pd. Verma VS State Of Bihar - 2000 3 Supreme 13.
In forgery-cheating via fabricated investment docs, High Court refused quashing: The case involves allegations of forgery, cheating and fabrication of documents as well as misappropriation of money TEJAS S/O RAJENDRAPRASAD FUDNAWALA VS STATE OF GUJARAT - 2021 Supreme(Guj) 769. Jurisdiction weighed economic impact beyond private disputes TEJAS S/O RAJENDRAPRASAD FUDNAWALA VS STATE OF GUJARAT - 2021 Supreme(Guj) 769.
Cross-jurisdiction? File where you reside for convenience, but evidence of transfer strengthens it Ajay Kumar Baghel VS State of U. P. - 2024 0 Supreme(All) 519.
The victim should file the suit in the court within the jurisdiction where their bank account is located or where they reside Ajay Kumar Baghel VS State of U. P. - 2024 0 Supreme(All) 519. Legal practitioners must prove transaction/victim location.
In cheque-bounce linked cheating, courts probe intent: Mere issuance of cheque in order to repay borrowed amount cannot itself form ingredients of cheating Lena Solo VS State of Arunachal Pradesh - 2019 Supreme(Gau) 333.
Victims of online cheating, empower yourself with knowledge. While laws provide recourse, professional legal help ensures success. Stay vigilant in the digital world!
References:1. BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.318 : Cheating - - Central2. Ajay Kumar Baghel VS State of U. P. - 2024 0 Supreme(All) 519Alpic Finance LTD. VS P. Sadasivan - 2001 2 Supreme 69Hridaya Ranjan Pd. Verma VS State Of Bihar - 2000 3 Supreme 13Kalavati Devi @ Kalavati vs State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko - 2025 0 Supreme(All) 27303. Additional cases: Prem Chand Verma VS State of U. P. - 2024 Supreme(All) 2058Y. N. Yadav VS State of Jharkhand - 2023 Supreme(Jhk) 1438Obinna Nicodemus Enweka @ Obina Icodemus VS State of Orissa - 2017 Supreme(Ori) 1082Rashmee Seengal VS State Through Eow And Another - 2022 Supreme(Del) 1166TEJAS S/O RAJENDRAPRASAD FUDNAWALA VS STATE OF GUJARAT - 2021 Supreme(Guj) 769
(Word count approx. 1050. General guidance only.)
#OnlineFraudIndia, #CheatingCase, #CyberCrimeLaw
State of Karnataka, 2024 SCC OnLine SC 200, the Hon’ble Supreme Court held the following:- “9. Further, in the case of Indian Oil Corporation v. NEPC India Ltd. ... is no “cheating”. ... However, no details and particulars are given, when and on which date and place the threats were given. Without the said details and particulars, it is apparent to us, that these allegations of threats etc. have been made only with an inte....
It was further alleged that agreement to sale does not finally take place, therefore, a cancellation deed was prepared and according to its terms Rs. 30 lakh (earnest amount) was returned by complainant to vender through transfer in bank account. ... State of Karnataka and another, 2024 SCC OnLine SC 200 and relevant paragraphs thereof are reproduced hereinafter : ''6. Cheating is defined under Section 415 of IPC which re....
Therefore, even if it is assumed that the private respondents were induced to pay money, the said inducement has emanated from Sh. Zahoor Ahmad and not from the petitioners. Thus, it cannot be stated that the petitioners have committed the offence of cheating. 19. ... The agreement does not talk of transfer of any amount in the account of any of the petitioners. 17. ... According to their own case, it was later on that gre....
It is further pertinent to mention that the accident occurred on 05.02.2010 and money was transferred on 17.02.2010, the transfer was due to the insecurity at the behest of Mr. Rajiv Vijayasarathy Rathnam, the money was not sought or required by the complainant. ... Cheating. ... In the present case also, admittedly, the transaction of sale had taken place between the parties whereby, Re....
It is not forthcoming as to who was the employee of the petitioner- who was supervising and taking attendance of the petitioner and the alleged occurrence of cheating took place in the State of Orissa but no part of the alleged cheating has taken place anywhere in the district of Chatra, Jharkhand. ... It is next submitted that all the causes of action have taken place in the State of Orissa and no cause ....
These allegations satisfy the ingredients of Section 420 of IPC rather than Section 406 of IPC because they show that the money was paid based on representation and not that the money was entrusted to Laiq Ram. Hence, the present case is one of cheating and not a criminal breach of trust. ... Money was transferred at Delhi and no part of the cause of action had arisen at Shimla. It was wrongly held that t....
No case worth the name of cheating is also made out. 45. ... Jaswantlal Nathalal, 1967 SCC OnLine SC 58 : AIR 1968 SC 700 : (1968) 2 SCR 408] : (SCC OnLine SC para 8) “8. ... To put it in other words, the case of cheating and dishonest intention starts with the very inception of the transaction. ... In the first place, the FIR does not allege, directly or indirectly, t....
State of Uttar Pradesh and Another : 2024 SCC OnLine SC 171 & Mideast Integrated Steels Ltd. (MESCO Steel Ltd.) and Others v. State of Jharkhand and Another :2023 SCC OnLine Jhar 301] 37. The case at hand falls in category No. 1 as laid in Smt. ... No case worth the name of cheating is also made out. 32. ... The case of the petitioner in the present petition is that it sent 1600 shares (....
He submits that the money taken from opposite party no.2 has been used by the accused persons for their own purpose. He submits that the case of cheating is made out and the allegation is already there and in view of that, Section 406 of the Indian Penal Code is made out. 7. ... He submits that no case of cheating is made out and in view of that, the impugned order may kindly be quashed. 6. Mr. Dayal, lea....
The specific case put up by the accused is that, the 1st petitioner availed a loan of Rs.1,50,000/-(Rupees One Lakh Fifty Thousand only) from Kadakkal Service Co-operative Bank, after mortgaging the property of the de facto complainant, to secure money for treatment of carcinoma. ... the offence of cheating. ... State of West Bengal and Others [2022 KHC 6328 : 2022 (1) KLD 683 : 2022 KHC OnLine 6328 : 2022 (5) SCALE 154: 2....
Cheating institutions of their money is a criminal offence which must be treated as such and dealt with accordingly. The loss caused to the exchequer due to misuse of public money creates an adverse impact on the economy and more often than not, the brunt is borne by the common man. The same cannot be treated lightly or be called as a civil wrong. It is thus imperative that disputes involving economic offences are dealt with stringently to recover public money at the earliest....
In the present case, allegation made in the FIR would demonstrate, is not merely one involving a private dispute over a money transaction between two contesting parties. The case involves allegations of forgery, cheating and fabrication of documents as well as misappropriation of money, utilization of fabricated documents to use money for personal purpose and deprivation of the complainant of this interest on the basis of a fabricated documents. If the allegations in the FIR ....
If the accused would not have shown him the pending bills and the pass book the complainant would not have given the money. So accused person took money by cheating and defrauding the complaint. On the basis of the complaint petition and the initial statement the trial Court was satisfied to issue process against the accused person, Manoranjan Sinha.
From the said accounts, the petitioner had transferred money through online account transfer to beneficiary accounts and the accused persons have withdrawn money through ATM leaving a very negligible amount in the account. It is evident that the informant has deposited money in four accounts of different persons which are fake due to inducement by the petitioner through online transfer from her accounts and soon after her deposit, the money was transferred through internet ba....
Facing with these trials, Sh. Rakesh Gupta offered compromise through Court, according to which he offered demand draft of Rs. 1 lakh & two post dated cheque for Rs. 45 lakhs. During the period Rakesh Gupta also filed an affidavit to the effect that he handed over a slip of hand written papers about a Discount Bank with Account number and its address to the revenue officials. He also filed civil & criminal case against him i.e. Civil case for recovery of money introduced in ‘Mals’ & ....
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