accused has breached the contract. He
deposed that, accused has not performed the contract and
hence he has committed cheating. Prosecution has relied
upon ... case there is
pure breach of contract and said breach of contract cannot
be said as offence of cheating.
30. The ruling relied
mind that
the distinction between, mere breach of contract and the offence
of cheating is a fine one. It depends upon the intention ... mind that
the distinction between mere breach of contract and the offence
of cheating is a fine one. It depends upon the intention
cheats.
418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect:
Whoever cheats with the knowledge that ... distinction between mere breach of contract and an offence of cheating, though a fine one, must nevertheless be kept in mind. It depends upon
convert a dispute relating to the alleged breach of
contract into an offence of cheating and criminal breach of
trust. Such an endeavour clearly falls ... mind
that the distinction between, mere breach of contract
and the offence of cheating is a fine one. It depends upon
the intention
reads as under :-
―420. Cheating and dishonestly inducing
delivery of property.- Whoever cheats and thereby
dishonestly induces the person deceived to deliver
any property ... also, the
Bench analyzed the difference between 'breach of contract' and
'cheating'. The appellant therein was the accused in complaint filed
stage, offence of cheating cannot be made out and that the distinction between offence of cheating and mere breach of contract should be kept ... wherein it is held that breach of contract would amount to cheating only if intention to cheat was existing at the very inception and that
Verma Vs. State of Bihar , the
distinction between mere breach of contract and
cheating, which is criminal offence, is a fine one. While
breach ... offence of cheating and only in those cases breach of contract
would amount to cheating where there was any deception
played at the very inception
mind that the
distinction between, mere breach of contract and the offence of
cheating is a fine one. It depends upon the intention ... mind that the
distinction between mere breach of contract and the offence of cheating
is a fine one. It depends upon the intention
mind that the
distinction between, mere breach of contract and the offence of cheating is
a fine one. It depends upon the intention ... mind that the
distinction between mere breach of contract and the offence of
cheating is a fine one. It depends upon the intention
another2, Supreme Court was of the view that breach of contract and cheating would depend upon the intention of the accused at the time ... remedy for breach of contract in a civil court. Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest
