Mere Breach Of Contract Cannot Constitute Cheating Unless Dishonest Intention Is Shown At Beginning Of Transaction: Delhi High Court
4 months, 1 week ago

Mere Breach Of Contract Cannot Constitute Cheating Unless Dishonest Intention Is Shown At Beginning Of Transaction: Delhi High Court

Live Law  

The Delhi High Court has observed that a mere breach of contract does not give rise to criminal prosecution of cheating unless a fraudulent or dishonest intention is shown at the beginning of the transaction. It stated that a mere breach of contract cannot give rise to a criminal cheating case unless dishonest intention is shown. Subsequent conduct of the alleged cannot be a sole test, and a mere breach of contract cannot give rise to criminal prosecution for cheating unless the fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed.” The Court emphasised that for Section 420 IPC, 'intention' is the gist of offence. 701), where the Supreme Court observed that that mere breach of contract cannot give rise to criminal prosecution for cheating unless the fraudulent or dishonest intention is shown right at the beginning of the transaction.

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History of this topic

Mere Breach Of Land Sale Contract Not Enough To Prosecute For Cheating Without 'Dishonest Intention' While Making Promise: Gauhati HC
1 week, 6 days ago

Mere Breach Of Land Sale Contract Not Enough To Prosecute For Cheating Without 'Dishonest Intention' While Making Promise: Gauhati HC

Live Law  

The Gauhati High Court recently quashed an order taking cognizance of a cheating case for alleged breach of contract for sale of land, noting that there was no misappropriation or fraudulent or dishonest intention at the beginning of the transaction. In doing so the court underscored that mere breach of contract is not enough to prosecute for cheating unless dishonest …

Mere Breach Of Contract Can't Be Basis For Criminal Case For Cheating : Supreme Court
2 years ago

Mere Breach Of Contract Can't Be Basis For Criminal Case For Cheating : Supreme Court

Live Law  

The Supreme Court observed that a mere allegation of failure to keep up promise will not be enough to initiate criminal proceedings.A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, the bench of Justices Abhay S Oka and Rajesh Bindal said.The bench …

Supreme Court Monthly Criminal Digest August 2022 (Citations 647 - 726)
2 years, 6 months ago

Supreme Court Monthly Criminal Digest August 2022 (Citations 647 - 726)

Live Law  

Benami Transactions Amendment Act, 2016 - The 2016 Amendment Act was not merely procedural, rather, prescribed substantive provisions. XYZ v. State of Maharashtra, 2022 LiveLaw 676 Code of Criminal Procedure, 1973; Section 156 - Magistrate has discretion in directing the police to investigate or proceeding with the case as a complaint case. Reliance Industries Ltd. v. Securities and Exchange Board …

Mere Breach Of Contract Cannot Give Rise To Criminal Prosecution For Cheating: Supreme Court
3 years ago

Mere Breach Of Contract Cannot Give Rise To Criminal Prosecution For Cheating: Supreme Court

Live Law  

The Supreme Court reiterated that a mere breach of contract cannot give rise to criminal prosecution for cheating.The court observed that a mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages. The Supreme Court reiterated that a mere breach of contract cannot give rise to criminal prosecution for cheating. …

Mere Breach Of Contract Not Cheating; Giving Criminal Colour To Civil Disputes Must Be Discouraged: Supreme Court
3 years, 4 months ago

Mere Breach Of Contract Not Cheating; Giving Criminal Colour To Civil Disputes Must Be Discouraged: Supreme Court

Live Law  

The Supreme Court observed that mere breach of contract cannot give rise to criminal prosecution for cheating.For criminal prosecution, the key ingredient of having a dishonest or fraudulent intent under sections 405, 419 and 420 has to be made out, the bench of Justices S. Abdul Nazeer and Krishna Murari observed.The bench said that a criminal color cannot be given …

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