able to make such
complaint. The term `fraud' is not defined in the Code. The
dictionary definition of `fraud' is "deliberate deception ... gain advantage". Section 17
of the Contract Act, 1872 defines `fraud' with reference to a
party to a contract. In Dr. Vimla
Chekka Guru Murali Mohan vs The State Of Andhra Pradesh on 19 January, 2021
Author
able to make such complaint.
24. The term "fraud" is not defined in the Code.
The dictionary definition of "fraud ... gain
advantage". Section 17 of the Contract Act, 1872
defines "fraud" with reference to a party to a contract.
27. The term
risk of loss to some one else, and, if so, there was fraud.
They also refer with approval to a dictum of Banerji ... Vithal Narayan (1889) I.L.R. 13 Bom. 515 (Note) where fraud is defined thus:
by fraud is meant an intention to deceive whether
forged document.
10
15. Offence of forgery has been defines under Section 463 of
the I.P.C. which reads:
"Forgery. - Whoever makes ... commit fraud or that fraud
may be committed, commits forgery."
16. The expression „making a false document‟ has been
defined under Section
defraud" have not been defined in the Indian Penal Code . Whenever a fraud is alleged or an act is alleged to have been done ... obtain an advantage to himself, there is fraud.
6. The word "dishonestly" has been defined in Section
defines a forged document
as a false document made by forgery. The term
"forgery" used in these two Sections is defined
in Section ... with intent to commit fraud
or that the fraud may be committed, commits
forgery.
12. Section 464 defining "making a false
document
being converted into a valuable
security)."
The term "fraud" is not defined under the Code. As per the
9 of 15
::: Downloaded ... fraud" in the english dictionary, it is deliberate,
deception, treachery or cheating intended to gain advantage. However, the
Penal Code defines the word
have a quick look into the definition of the term cheating as defined in Section 415 of I.P.C., which reads as follows:
Section ... money or enter into any sale agreement.
10. The term Fraud has been defined in Section 25 of the penal code, which reads as follows
intent to defraud but not
otherwise.
9. Word defraud is, however, not defined in the I.P.C .;
but Hon'ble the Apex Court ... advantage is ob-
tained then there is a fraud.
10. Word defraud is, again defined by Hon'ble the Apex
Court in the case
