Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed. Therefore, it is the intention which is the gist of the offence. To hold a person guilty of cheating, it is necessary to show that he had fraudulent or dishonest intention at the time of making the commitment.
A mere representation, which is neither claimed or alleged to be dishonest or fraudulent would not attract the charge of cheating only because the complainant parts with his money on the basis thereof.
The offence being grave is a cognizable offence and is non-bailable. The punishment which is given under section 420 of IPC for the offence is imprisonment for a term which may extend to seven years, and also be liable to fine.
Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section. Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.
TRIPAKSHA LITIGATION is situated in Delhi, India. Advocates in Tripaksha Litigation just not cover Delhi but also covers all other states of India. Our fully independent and Criminal Litigation Law office dedicates the service of its Domestic as well as International Clients which includes Individual, Multinational, Public and Private Companies. Tripaksha Litigation is equipped with an efficient and versatile team of Experienced Advocates, Briefing Counsel, and Legal Researcher who are well trained and have distinguished experience in their specialized areas of Law.
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Tripaksha Litigation provides its services in the different area of Practice such as Sexual Harassment, Rape, Sexual crime against children- POSCO, Women and Children Trafficking, NDPS, Adultery & Bigamy, Contempts of court, Cyber Crimes, Commercial Disputes, Economic Fraud, Anti Corruption, White collar crimes, Criminal breach of trust, Economic Offence. We also cover the matters in NCLT, RERA, NCLAT, ITAT and other commercial courts of India.
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Behind every successful law firm there is hard work of its associates and trust of its clients. Advocates at Tripkasha Litigation are well conversant with the facts and knowledge of the matter, we are aware of the interpretation of law, statues, and all the current amendments as well as judgements which helps us in taking all our cases with the most efficient and effective way.
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