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Showing posts with label cheating. Show all posts
Showing posts with label cheating. Show all posts
Sunday, 19 April 2026

What is difference between cheating and criminal breach of trust?

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 Cheating and criminal breach of trust differ mainly in the stage of dishonest intention : in cheating, the dishonest intention exists from...
Wednesday, 24 December 2025

The Illusion of Guilt: Why Receiving Money from a Cheater Doesn’t Make You a Cheat Under Section 420 IPC

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  Introduction A common misconception in criminal law is that anyone who receives money in connection with a cheating transaction can be i...
Thursday, 7 September 2023

Whether Use Of Deceased Brother's SIM Card amounts to An Offence of Criminal breach of trust and cheating?

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Merely because the sim-card of real brother was used by  the sister i.e. the present petitioner, that by itself will not constitute  or amou...
Tuesday, 4 April 2023

Whether Advocate can be held guilty for cheating before Lok adalat through Whatsapp Video Call?

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 The applicant is thus alleged of being a part of the entire episode of impersonating Mrs.Gidwani in the consent terms which were filed in S...
Saturday, 25 December 2021

Whether the court can convict the accused for an offence of cheating if there is no prosecution evidence that the lady maintained sexual relations under a false promise of marriage?

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 In Maheshwar Tigga Vs. State of Jharkhand, (2020) 10 SCC 108 the question before the Hon’ble Supreme Court was whether the prosecutrix had ...
Sunday, 7 March 2021

Whether the offence of cheating is made out if the prosecution fails to prove that accused has caused intentional deception by misrepresentation?

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Before dealing with the submissions, qua the application of Section  417 of IPC  to the facts of the case, let me advert to the evidence of ...
Friday, 25 October 2019

Whether prosecution for cheating can be quashed if civil suit and prosecution for dishonour of cheque is pending?

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Mere filing of the suits for recovery of the money and complaint filed under Section 138 of the N.I. Act by itself is no ground to qua...
Sunday, 28 July 2019

Whether court can reject application for compounding of offence in offence of cheating?

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Even in this appeal, it is argued by learned Counsel for the Appellant that in view of the provision Under Section 320 of the Code of Crim...
Saturday, 13 April 2019

Whether failure to pay Mobile postpaid user charges amounts to offence of cheating U/S 420 of IPC?

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  The prosecution case as against the petitioner as per Annexure 1 report is that, he, after having obtained a mobile postpaid connection ...
Sunday, 3 March 2019

Whether Advocate can prosecute litigant for cheating if they fail to pay his fees?

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Conspectus to facts/case needs revaluation. The accused-applicants, already harassed couple, with trust deficit, difference of opinion i...
Sunday, 26 August 2018

Notes on criminal misappropriation of property,criminal breach of trust and cheating

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Criminal misappropriation of property( S 403 of IPC)  A person commits criminal misappropriation if he 1) dishonestly misappropriates ...
Saturday, 2 September 2017

When prosecution for cheating is liable to be quashed?

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Even if all the allegations in the complaint taken at the face value are true, in our view, the basic essential ingredients of dishones...
Monday, 1 May 2017

When accused can be held guilty for cheating and forgery?

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  In the present case, it is an undisputed fact that the petitioner happened to be a suspended employee of the Punjab National Bank and ...
Sunday, 30 April 2017

When offence of cheating is made out against sanyasi?

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In case of Sri Bhagwan Samardha Vrs. State of A.P. and others reported in (1999) 5 Supreme Court Cases 740, it is held as follows:-25 ...
Friday, 14 April 2017

Whether offence of cheating is made out if cheque is issued after closure of bank Account?

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 There is apparent distinction between a situation wherein a person after issuing a cheque to another, closes that account, and a situat...
Saturday, 23 April 2016

Whether failure to follow rules and regulation amounts to offence of cheating or criminal breach of trust?

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He will now proceed to consider the final report submitted by the Police (C.I.D.). I should, however, like to observe for the benefit of t...
Wednesday, 3 February 2016

What is Distinction between offence of cheating and breach of contract?

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It is to be seen that whether the averments in the complaint make out a case to constitute an offence of cheating. The essential ingr...
Saturday, 26 December 2015

Whether sale of truck by accused before repayment of loan amounts to offence U/S 420 of IPC?

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PENAL CODE - Section 420--Cheating--Complainant-- advancing Rs. 20,000/- on execution of pronote for purchasing truck-Orally agreed not t...
Tuesday, 22 December 2015

When sanction for prosecution is not required for prosecution of public servant?

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The alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their...
Saturday, 19 December 2015

Whether offence of cheating is made out if there is no allegation of dishonesty or cheating?

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 After giving a plain reading to the complaint and taking it at its face value, one cannot come to any other conclusion other then the foll...