Mere Inability to Return Loan Amount cannot give rise to a Criminal Prosecution for Cheating [SC JUDGMENT]
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.