Supreme Court of India Ajay Agarwal vs Union Of India And Ors on 5 May, 1993 Equivalent citations: 1993 AIR 1637, 1993 SCR (3) 543 Author: H P Ramaswarmy Bench: Ramaswamy, K. PETITIONER: AJAY AGARWAL […]
Tag: cheating
On Re-investigation 173(8) CrPC
Comment : A landmark decision on powers of further investigation and how in the fitness of things – the police should inform the magistrate and seek permission to maintain harmony between judiciary and executive if […]
Intention to defraud/cheat at time of making of contract essential to make out cheating.
Comment : In this case the Court was faced with a situation where a complainant prosecuted the vendors in an agreement to sell that he entered, for Cheating (420/415/418), 423 etc. The basis of his case […]
For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary
This decision basically states that merely because cheque gets dishonoured – won’t automatically give rise to liability u/s 420 for cheating – the prosecution/complainant has to prove that at the time of giving of cheque […]
Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.
Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway by making it give money as T.A (Travel Allowance) when indeed […]
FIR Quashing on basis of settlement with Bank in a cheating case
Comment : In this case – the accused succeeded in securing credit facilities from a bank by producing forged lease agreements – as collateral security, the forgery was exposed after real owner made complaints against the […]