ingredients which has to be proved is that there was a dishonest intent, and Mr. Thakor says that we cannot uphold this conviction unless ... prosecution have proved such a position that a dishonest intent must necessarily be inferred. Well I agree with that, I think that the prosecution must
been expressly stated or
indirectly suggested in the complaint. Case of dishonest
intention was not made out. While quashing the
complaint, the Supreme Court stated ... cannot give rise to criminal
prosecution for cheating unless fraudulent or
dishonest intention is shown right at the
beginning of the transaction, that
amount of commission was also not paid. The applicants had
dishonest intention in doing so. They contend that merely because civil
remedy is available ... dishonest misappropriation or conversion of
property by a person who is entrusted with a property or has domain
over it. Dishonest intention is an essential
1687.22
5
sustained on account of the fire, but with dishonest
intention a cheque issued towards premium was sent to
the complainant ... from
25.4.2005 to 28.4.2005. It is also denied that with a
dishonest intention a cheque issued towards premium was
sent to the complainant
however dishonest, can amount to an offence of criminal breach of trust.
14. Cheating involves deception of a person with fraudulent or dishonest intention ... fraudulent intent on the part of the forger has to be established. Fraudulent intent can be presumed if there is an intention to deceive
parties is purely of a civil nature and there was no dishonest intention to cheat the complainant nor there was any dishonest concealment ... respondent No. 2, who could realise that the applicants have with dishonest intention induced him to hand over a draft of Rs. 5 lacs under
false to his own knowledge, but it was made with dishonest intention to cheat the complainant.
7. On the other hand, it is contended ... time of the concealment or the intention behind it. If the intention is dishonest, the concealment is dishonest even in the absence of a duty
aforesaid sections, mens rea i.e.
intention to defraud or the dishonest intention must be present,
and in the case of cheating it must ... other words, the case of cheating and
dishonest intention starts with the very inception of the
transaction. But in the case of criminal breach
aforesaid sections, mens rea i.e.
intention to defraud or the dishonest intention must be present,
and in the case of cheating it must ... other words, the case of cheating and
dishonest intention starts with the very inception of the
transaction. But in the case of criminal breach
P.K. Easwar Kumar And Others vs State Of Maharashtra, Through The ... on 23 February
