remark „payment stopped/account closed‟.
3. It was alleged that the intent to cheat was evident as the petitioners
duped the complainant of his life ... cheating and criminal breach of trust simultaneously
for the same transaction because for the offence of
cheating, it is a prerequisite that dishonest intention must
date. This according to the prosecution was done with a fraudulent intention to cheat the Ndmc of the amount of the composition fee which became ... 2278/88. Therefore, there was no question of any fraudulent intention to cheat the Ndmc of the composition fees. Even otherwise the Ndmc
given by the
accused are dishonoured. It prima-facie shows the intention to
cheat the complainant. Further fake UPIs were shown to the
complainant ... cheat has
developed later on, the same cannot amount to cheating. In other
words for the purpose of constituting an offence of cheating, the
complainant
necessary to prove that the accused had the
intent to cheat and mens rea. In this case, because the Petitioner had
engaged and paid ... ILFS) and other contractors. Thus
in the absence of the intent cheat or defraud the respondent no 2, no
proceedings with regard to offence punishable
Section 420. There
is no pleadings also that there was any intention to cheat
from the very beginning or that the 1994 agreement was
fraudulently ... their own names. The said
document was not executed with any intention to cheat.
In any event, IL&FS, in whose favour the mortgage
under:-
"........In order to constitute an offence of
cheating, the intention to deceive should
be in existence at the time when the
inducement ... cheating and criminal breach of trust simultaneously for the
same transaction because for the offence of cheating, it is a
prerequisite that dishonest intention must
reference shall not be honoured. The accused with the mala fide intention of cheating the complainant out of its money and property, deliberately and intentionally ... have reference to the date when the cheques were issued with intent to cheat and complaint to that extent may be maintainable if prima facie
plaint it is stated that the respondent with mala fide intents to cheat and to defraud the appellant had failed to perform his part ... adhering to the terms of Agreement to Sell. With intention to cheat and defraud the appellant he was not performing his part of the contract
Kumar Goel submitted respective false marine claims after
forging documents with intention to cheat NIC and received
payments through cheques for your respective fictitious firms ... submitting false marine claims after forging the document with an
intention to cheat NIC and receiving payments through cheque
assured returns were diligently paid from inception, there is no intention
to cheat and mens rea to constitute criminal offence is absent in the present ... prosecution that the accused, right from the beginning, had the intention to
cheat and defraud the investors and to misappropriate their investments.
Moreover, the applicant