Criminal Procedure Code, 1973, Section 181, Indian Penal Code, 1860, Section 406, 420 -- Territorial jurisdiction - Petitioner summoned for offences u/s 406/420 IPC by Court at Varanasi - Petitioner had booked a flat at Mumbai - Letter of intent was executed at Mumbai - Bank draft was paid and encashed at Mumbai - Property for which payment was given was situated at Mumbai..........
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...........
Indian Penal Code, 1860, Section 420 -- Cheque issued by accused dishonoured - By itself does not mean that offence of cheating is committed...........
Indian Penal Code, 1860, Section 420 -- Ingredients of S.420 IPC are : (i) Deception of any persons; (ii) Fraudulently or dishonestly inducing any person to deliver any property; or (iii) To consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit...........
Indian Penal Code, 1860, Section 406, 409, 420, 417, Criminal Procedure Code, 1973, Section 204, 190(1)(a), 178 -- Jurisdiction - Complaint u/ss 406, 409, 420 & 417 IPC filed in Court at place 'R' alleging accused resident of place 'A' issued cheques at place 'A' and also made statement at place 'A' - No part of cause of action arose with the jurisdiction of Court at place..........
Indian Penal Code, 1860, Section 420 -- Goods purchased - Cheque issued - Cheque dishonoured - This by itself does not mean that offence of cheating is committed...........
Indian Penal Code, 1860, Section 420, 405 -- Civil dispute - Non payment or under payment of the price of good - By itself does not amount to commission of an offence of cheating or criminal breach of trust...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction - For the offence of cheating it is necessary to show that there was fraudulent or dishonest intention at the time of making the promise - By mere..........
Indian Penal Code, 1860, Section 420 -- Ingredients of the offence of cheating are: (i) Deception of any persons; (ii) Fraudulently or dishonestly inducing any person to deliver any property; or (iii) to consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit...........
