Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 415, 420 -- Dishonour of cheque - Regular commercial transaction - Offence u/s 138 is made out and not an offence of cheating under Sections 415 and 420 IPC...........
Indian Penal Code, 1860, Section 420 -- Agreement to sell - Failure to execute sale deed - Offence of cheating not made out - It is breach of contract - To attract the provision, fraudulent or dishonest intention should be there right from the beginning of the transaction - Held, in the instant case as there is nothing to show that intention was fraudulent or dishonest..........
Indian Penal Code, 1860, Section 405, 40, 420 -- Criminal breach of trust and cheating - Advance taken to sell flat on completion - Sale of flat to third person on failure to pay additional amount demanded by accused towards cost of extra built up area - Held, dispute is of purely civil nature and criminal complaint is not maintainable in absence of specific allegation of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Cheque if issued to cheat - Prosecution u/s 138 NI Act and also under S.420 IPC can be launched - Offence of cheating will be made out if it is established that accused had intention to cheat at the time of issuance of cheque and dishonour of cheque caused damage to mind, body or..........
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 406, 420, 504, 506 -- Credit card - Failure to pay dues payable for use of credit card - It is only a civil liability - Intention of cheating is not there...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Cheating - Criminal proceedings - Quashing of - Pendency of civil suit for specific performance - Held, no ground to quash criminal proceedings, particularly, when Magistrate was of opinion that there exists sufficient material to proceed with criminal case...........
Indian Penal Code, 1860, Section 415, 418, 420 -- Cheating - Guilty intent at the time of making the promise is an essential ingredient - Subsequent failure to fulfil the promise by itself would not attract provisions of Ss.418, 420 - Mens rea is one of the essential ingredients of the offence of cheating under S.420 IPC...........
Indian Penal Code, 1860, Section 420, 415 -- If a person represents to another that he has divine powers and either directly or indirectly makes that another person believe that he has such divine powers, it is inducement referred to in S.415 IPC - Anybody responding to such inducement and giving money or any other article and not getting the desired result is a victim of..........
Indian Penal Code, 1860, Section 415, 420 -- Cheating - Commercial transaction - Hardly a reason for holding that offence of cheating would elude from such a transaction...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of complaint - Petition for - Petitioner, wife and respondent-husband agreed to seek divorce by mutual consent under Section 13B of H.M.A. - Respondent-husband agreed to pay a sum of Rs.2,60,000/- in full and final settlement of all claims including permanent alimony -..........
