FIRST LAW

The Indian Penal Code, 1860 – Section 420 - M ere failure to return the security deposit will not attract the offence of cheating.

The Indian Penal Code, 1860 - Sections 420 and 120B - Cheating - Mere entry of possession over the lands in the revenue record does not create any title nor did the said entry cause any financial loss to the Government.

The Indian Penal Code, 180 - Section 420 - Mobile postpaid connection -  failed to discharge liability for user charges - Held, Mere breach of trust or agreement will not by itself amount to a criminal offence under Section 420 IPC - In order to make out an offence under Section 420, the prosecution has to show that the dishonest intention to cheat existed at the time when the alleged promise in question was made. 

The Indian Penal Code, 1860 - Sections 405, 406, 415 and 420 read with Section 34 -The Code of Criminal Procedure, 1973 - Section 482 - Criminal breach of trust - Cheating and dishonestly inducing deliver of property - Ingredients of - Where the ingredients required to constitute a criminal offence are not made out from a bare reading of the complaint, the continuation of the criminal proceeding will constitute an abuse of the process of the court.

The Indian Penal Code, 1860 - Sections 415 and 420 - The mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence.

Penal Code, 1860 - Ss. 420, 406 r/w. 34 - Merely because the original accused might not have paid the amount due and payable under the agreement or might not have paid the amount in lieu of one month Notice before terminating the agreement by itself cannot be said to be a cheating and/or having committed offence under Sections 406 and 420 of the IPC as alleged.

Penal Code, 1860 - Ss. 405, 406 & 420 -  Criminal P.C. 1973 -  Ss. 397, 401 & 482 - Q uashment of Complaint -  The criminal proceedings manifestly attended with malafide and/or where the proceeding is maliciously instituted with ulterior motive for wreaking vengeance on the accused and turning a civil litigation into a criminal litigation, deserves to be quashed. 

Penal Code, 1860 -  Ss. 415 & 420 -   M aking of a false representation is one of the essential ingredients to constitute the offence of cheating under  Section 420  IPC. Therefore, in order to bring a case for the offence of cheating, it is not sufficient enough to prove that a false representation had been made, but, it is further necessary to prove that the representation was false to the knowledge of the maker and was made in order to deceive the de facto complainant.