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1 - 10 of 13 (0.35 seconds)Section 406 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 415 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Satishchandra Ratanlal Shah vs The State Of Gujarat on 3 January, 2019
i) Satishchandra Ratanlal Shah v. State of Gujarat and
Another 1, wherein the Hon'ble Supreme Court held as follows:
Hridaya Rangan Pd. Verma And Ors vs State Of Bihar And Anr on 31 March, 2000
13. Now coming to the charge under Section 415
1 (2019) 9 SCC 148
6
punishable under Section 420 IPC. In the context of
contracts, the distinction between mere breach of contract
and cheating would depend upon the fraudulent inducement
and mens rea. (See. Hridaya Ranjan Prasad Verma v. State of
Bihar, (2000) 4 SCC 168 : 2000 SCC (Cri) 786] .) In the case
before us, admittedly the appellant was trapped in economic
crisis and therefore, he had approached Respondent 2 to
ameliorate the situation of crisis. Further, in order to recover
the aforesaid amount, Respondent 2 had instituted a
summary civil suit seeking recovery of the loan amount
which is still pending adjudication. 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. Even if all the facts in the complaint and material are
taken on their face value, no such dishonest representation
or inducement could be found or inferred.
V.Y.Jose & Anr vs State Of Gujarat & Anr on 16 December, 2008
iii) V.Y. Jose and another v. State of Gujarat and
another 3, wherein the Hon'ble Supreme Court held as follows: