Indian Penal Code, 1860, Section 420 -- Dishonest inducement - Must be at the initial stage to constitute an offence of cheating - Mere failure to keep up promise subsequently cannot be presumed as an act leading to cheating...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 417, 420 -- Offence of cheating - Failure of complainant to get any interim or final relief in Consumer Redressal Forum and Civil Court - Not a ground to quash the complaint - Scope and jurisdiction us/ 190 read with S.204 Cr.P.C. is distinctly different than that of a civil remedy - Prayer for..........
Indian Penal Code, 1860, Section 420 -- Hire purchase agreement - Failure to pay instalments regularly - Offence of cheating is not made out - Failure to keep up promise subsequently cannot be presumed as an act leading to cheating...........
Indian Penal Code, 1860, Section 420 -- Breach of conditions of hire-purchase agreement do not amount to offence of cheating...........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - FIR lodged by the petitioner that his car has been stolen - Another FIR u/Ss.420 and 406 has been lodged by respondent No.2 owner of the car for the same car against the petitioner relating the offence of misappropriation and cheating - Plea of the petitioner..........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute an offence of cheating it is necessary to establish that the accused has cheated or dishonestly induced a person to deliver property or a valuable security...........
Indian Penal Code, 1860, Section 415, 420 -- Cheating - To constitute offence of cheating necessary ingredients to be satisfied are - (a) deception of any person; (b) fraudulently or dishonestly inducing any person to deliver any property to any person; and (c) intentionally inducing that person to do or omit to do anything which in the absence of deception and which act..........
Indian Penal Code, 1860, Section 420 -- Cheating - Arbitration clause in the agreement - Cannot prevent criminal prosecution if an act constituting a criminal offence is made out even prima facie...........
Indian Penal Code, 1860, Section 420 -- Cheating - Intention to deceive should be in existence at the time when the inducement was made - A mere failure to keep up promise subsequently cannot be presumed as an act leading to cheating...........
Indian Penal Code, 1860, Section 406, 420, 120B -- Hire purchase of vehicle - Default in payment - Forcible taking of possession as per agreement - When the agreement specifically says that the owner has got a right to re-possess the vehicle, there cannot be any basis for alleging that the appellants have committed criminal breach of trust or cheating...........
