Cheating Cases in Tri-City (Chandigarh Panchkula Mohali)

Last Updated on March 26, 2020 by Legalseva.net

Cheating is the most Common criminal offence being used by Police Officials of Indian Penal Code (IPC)

Section 415 describes what constitutes Cheating & Section 420 describes punishments for the said criminal offence.

Also Read- Cheating News and Latest Updates

Let’s have both Sections:-

  1. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper­ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section. Illustrations

(a) A, by falsely pretending to be in the Civil Service, inten­tionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.

(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.

(c) A, by exhibiting to Z a false sample of an article, inten­tionally deceives Z into believing that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.

(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.

(i) A sells and conveys an estate to B. A, knowing that in conse­quence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.

Also Read- Cheating 420 Ipc as an Offence in India

  1. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Now let’s have this case of Cheating of TriCity (Chandigarh, Panchkula, and Mohali)

  • Person duped on pretext of selling property in Sector 19, amount of Rs. 10 lakh.
  • 10 lakh paid through cheques in July, 2018. Deal amount of Rs. 17.5 lak to be finalexed on or before July 26, 2019.
  • Sale agreement signed by all 3 accused RAjinder, Shri Kant, Komal.
  • Accused kept delaying the matter and nothing was done.
  • Nor the money was returned on request.
  • Moreover, accused threatened the complainant of dire consequences.
  • Thus, FIR got registered U/s 406 (Criminal breach of Trust) & 420 (cheating) of IPC at Sector 20 Police station.

Also Read- Complaint Against Immigration Company of Fraud and Cheating

 

Hon’ble Supreme Court of India in Ram Jas vs. State of U.P. (1970) (2) SCC 740 held ingredients:

  • There should be fraudulent or dishonest inducement of a person by deceiving him.
    1. The person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property
    2. The person so deceived should be intentionally induced to do or not to do anything which he would not do or not if he were not so deceived and

Let’s have cheating cases of Chd, Pkl, and Mohali that made the news:

Also Read- Latest on FIR Quashing from Punjab & Haryana High Court Chandigarh

Rest, for case specific advice, contact best Criminal Lawyers of Chandigarh, Panchkula and Mohali.

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