4 years, 11 months ago

The Offence Of Cheating And Rapidly Emerging Defence Of Part-Payment - An Ambiguity In Law?

INTRODUCTION Cheating is an act of deception which causes loss, damage or harm to the person who is deceived, in body, mind, reputation or property and in which the deceiver's object is fraudulent and dishonest right from the very beginning. ……An offence of cheating would be constituted when the accused has fraudulent or dishonest intention at the time of making promise or representation………." For the purpose of constituting an offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation. " The Supreme Court has time and again held that a fraudulent intention at the time of making a promise is one of the fundamental ingredients for the purpose of constituting an offence of cheating. By way of this article, we intend to show that the mere fact of part-payment having been made cannot give credence to the fact that the accused had no fraudulent or dishonest intention from the very beginning and how such an understanding of the law ends-up giving a fresh lease of life to the Accused person and would also culminate into a rise in cases of cheating where-in the Accused person would know that he could escape criminal liability by merely making a part-payment.

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Law Defence Court Courts Cheating Accused Person Making Promise Offence That Person Intention Fraudulent Part Payment Dishonest

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