Indian Penal Code, 1860, Section 415 -- Cheating - Ingredients of cheating are : (i) deception of a person either by making a false or misleading representation or by other action or omission; and (ii) fraudulent or dishonest inducement of that person to either deliver any property to any person or to consent to the retention thereof by any person or to intentionally..........
Indian Penal Code, 1860, Section 415 -- Cheating - To prove the offence of cheating complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation...........
Indian Penal Code, 1860, Section 406, 420 -- Cheating - Mere use of expression 'cheating' in the complaint is not sufficient - It is the substance of the complaint which is to be seen...........
Indian Penal Code, 1860, Section 406, 420 -- Cheating - Fraudulent or dishonest intention should be at the time of making promise or representation - For failure to keep promise subsequently, such a culpable intention right at the beginning that is at the time when the promise was made cannot be presumed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Intention is the gist of the offence - To hold a person guilty of cheating it is necessary to show that he had a fraudulent or dishonest intention at the time of making the promise...........
Indian Penal Code, 1860, Section 420 -- Cheating - Fraudulent or dishonest intention must be at the time of making the promise - Mere failure to subsequently keep a promise, one cannot presume that he all along had a culpable intention to break the promise from the beginning...........
Indian Penal Code, 1860, Section 420 -- Commercial transaction - Non supply of Sales Tax Form - Offence of cheating is not made out - It is not a case where the appellants can be said to have induced the respondent to enter into a transaction so as to deceive them with a view to cause unlawful losses to them and to make unlawful gain for themselves...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420 -- Cancellation of bail - Cheating case amounting to Rs.42 lakhs registered against husband and wife - Wife bailed out - Husband absconded - Wife refused to co-operate in the investigation by not disclosing the whereabouts of her husband - Held, that this amounts to harbouring of husband by..........
Indian Penal Code, 1860, Section 420 -- Cheating - In order to constitute the offence of cheating the intention to deceive at the time of inducement or making promise is necessary - A mere failure to keep up promise subsequently cannot be presumed as an act leading to cheating...........
Indian Penal Code, 1860, Section 420 -- Civil suit based on promissory note decreed - Criminal case on allegations of cheating qua the same promissory note cannot proceed further...........
