A Critique of Delhi Race Club Judgment — How Cheating and Breach of Trust Can Coexist
by Nipun Arora* and Mahi Agrawal**
Cheating
Read why Telangana HC stayed Karnataka MLA G. Janardhan Reddy’s conviction and granted bail in illegal mining case
This Court has the power to suspend the sentence and conviction and grant bail to the petitioner after recording reasons and this Court, being the appellate court, has to consider irreversible consequences.
Bombay HC grants bail to woman alleged to have cheated of Rs. 2.45 crores; highlights well-being of her children and non-violent nature of crime
Counsel for the respondent stated that a total amount of Rs 95,00,000 has been paid to the witnesses/complainants by the applicant.
“No rare & exceptional case showing that investigation was tainted”: P&H HC refuses transfer of cheating case against dentists by Kenyan woman to CBI
The Constitutional Court can exercise its constitutional powers in transferring investigation from State investigating agency to any other investigating agency, including CBI, only in rare and exceptional cases.
‘Adopted similar modus operandi of habitually entering into dubious transactions’; Bombay HC rejects anticipatory bail plea of real estate agent who allegedly conspired to cheat restaurant owner
The applicant did not approach the Court with clean hands which is the sine qua non, in an application for pre-arrest bail and the complaint has merit for which the applicant may have to be interrogated for effective and appropriate investigation as the law would mandate.
‘Husband’s promise to marry as per religious customs cannot be said to be false promise once marriage is legally registered’; Bombay HC quashes rape and cheating case against husband
Respondent 3 was fully aware of the bond of matrimony existing between her and the petitioner after the civil registration of their marriage and consciously decided to engage in consensual sexual interactions. So, it cannot be said that her consent for sexual relationship is vitiated by a promise to marry based on religious customs.
Gujarat High Court refuses to quash FIR against Sadhvi accused of duping man of Rs 1.25 crores
“The incomplete and hazy facts coming from the record indicates that further investigation is required in the matter.”
‘Unwarranted interference by Revisional Court’; Read why Bombay High Court reinstated Adani’s discharge in cheating case worth Rs. 388 Crores
“Merely by asserting that the accused has made a wrong gain without demonstrating the corresponding wrongful loss or deception suffered by a specific victim does not suffice to attract the offence of cheating under the IPC.”
‘Mere breach of a promise cannot give rise to criminal prosecution’; Gauhati HC quashes criminal proceedings against doctor accused of cheating man of Rs 2 Lakhs
“The act of breach of trust involves a civil wrong, in which an aggrieved person may seek redressal for damages in Civil Court, but a breach of trust with mens rea gives rise to criminal prosecution.”
SC clarifies prospective nature of direction in 2015’s Priyanka Shrivastava case on Section 156(3) CrPC applications being supported by affidavit
“The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively”.
Chhattisgarh HC denies bail to accused offering High Court Clerk job; Directs for criminal proceedings against person falling for cash-for-job scam
“Despite repeated warnings people were indulging in such allurements and becoming easy targets for touts.”
‘Investigation cannot linger for years’; Bombay HC rebukes Mumbai Police for four-year-long delay in filing charge sheet in fraud case involving 600 investors
“Investigation cannot be permitted to linger on for years, keeping the investors in the lurch, not knowing what is the outcome of the case.”
Purpose of Zero FIR under BNSS is to ensure victims can file complaints regardless of jurisdiction: Kerala HC directs Magistrate to reconsider DBS Bank application to register FIR
“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”
Court must be mindful of the danger of attributing criminal intent to an otherwise disturbed civil relationship: SC
The Court further observed that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.
Gujarat Court grants anticipatory bail to Journalist Mahesh Langa in cheating case
Mahesh Langa is a senior journalist who is working for The Hindu as the Joint Editor. He is currently embroiled in controversy regarding an alleged GST fraud case.
Long-standing consensual relationship without cheating not considered rape on pretext of marriage: Allahabad High Court
“Each promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the beginning of such a relationship.”
Driving vehicle without number plate not cheating under Section 420 IPC; police can impose fine: Telangana High Court
It was stated that to attract Section 420 of the Penal Code, 1860, the accused must cheat and dishonestly induce the victim to deliver any property to any person or make, alter, or destroy a part of valuable property.
‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating
“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”
Kerala HC refuses to quash FIR against Businessman accused of cheating UAE bank of Rs. 135 crores
Credibility of Indians in UAE and of others who seek loans from banks can be prejudicially affected if such alleged frauds are permitted to be perpetrated by the citizens of this country, and when criminal proceedings are initiated, they are quashed without even being investigated”
Certificates issued by Arya Samaj and Registrar are not sole proof of a valid Hindu marriage without customary rites and ceremonies: Allahabad HC
Allahabad High Court opined that marriage between the appellant and respondent as per Hindu rites and customs in terms of Section 7 of the HMA 1955 itself is not proved and the Trial Court has gravely erred in not considering this aspect of the matter which was implicit in the issues framed by it.