not have discharged the loan amount and that the very fact that the petitioner duly discharged loan amount indicates that he never intended to cheat ... cheating only if intention to cheat was existing at the very inception and that if such intention developed later on, the same would not amount
S. Tamilselvan vs The Government Of Tamil Nadu on 24 February, 2015
Bench: Sanjay Kishan
not attracted against the petitioners.
42. It is also submitted that it is well settled that a person to be held guilty of cheating ... property. Mere failure in complying with the promise would not amount to cheating. Allegation that the petitioners made false representation to enter into
cheque was subsequently issued and the same was dishonoured, does not amount to cheating either under S. 420 or under ... dishonour of a cheque for an antecedent debt does not amount to cheating. Admittedly on the date when the accused gave the cheque
cheques for amounts aggregating to little over Rs. 3000/- could not be said to have amounted to cheating. He led considerable emphasis on the fact ... credit and on the basis of post-dated cheques could not amount to cheating within the meaning of Section 420 , Indian Penal Code. He relied
neither claimed nor alleged to be dishonest or fraudulent does not amount to cheating. For this proposition, reliance is placed on the ruling ... with penal consequences, but the infraction of these provisions does not amount to either cheating or criminal breach of trust.
21. Referring to the allegations
subsequent conduct for raising a
claim for certain amount of money would not amount to cheating as indicated
above. It is also noted from ... think accused
petitioner has committed breach of trust by cheating by not repaying the
amount & non-supplying the grains but there is no averment
ultimately of opinion that this scheme did not amount to cheating, by itself, and he also states in his judgment that the police prosecutor admitted ... opinion that the scheme by itself did not amount to cheating at all, and, secondly, that accused No. 1 was not guilty of cheating
ultimately of opinion that this scheme did not amount to cheating by itself, and he also states in his judgment that the police prosecutor admitted ... opinion that the scheme by itself did not amount to cheating at all, and, secondly, that accused No. 1 was not guilty of cheating
3534 had held that the same would not amount to cheating since there was neither deception nor a creation of a misconceptional facts ... marry and later on withdrawing the said promise will not amount to an offence of cheating at all. On such false promise to marry
