Section 420 of ipc
Adv. Hemant Bhand
(Querist) 17 November 2011
This query is : Resolved
Hi team,
One of client has been charged under section 420 and 34 of IPC for cheating Municipal Corporation.
Brief story of the case :-
My client was registered supplier of Municipal corporation. He got the order for supplying material and he had supplied the material as per order. After 15 days the said complainant came to know the material supplied by the supplier/accused is of inferior quality. After receiving the letter from corporation the said accused immediately supplied the new material to the corporation. Despite of this fact, the corporation lodged a criminal compliant. Please support your answers with relevant cases laws of Apex court and Bombay High Court only.
corporation the said accused immediately supplied the new material to the coporation. Despite of this fact, the corportation lodged a criminal compliant.
Please support your answers with relevant cases laws of Apex court and Bombay High Court.
Regards
Adv. Hemant Bhand
ajay sethi
(Expert) 17 November 2011
it appears to be a civil dispute . order placed for supply of goods as goods were defective complaint received , fresh supplies made immediatedly . no case of cheating is made out
ajay sethi
(Expert) 17 November 2011
In order to understand what constitute cheating reference may be made to Section 415 of Indian Penal Code (in short IPC).
8. In order to attract Section 415 IPC one has to prove:-
1. Fraudulent or dishonest inducement;
2. Pursuance to dishonest inducement, delivery of property;
9. Unless complainant prima facie establishes the above ingredients, question of cheating does not arise.
in your case although inferior goods were suppleed immediatedly on complaint fresh supply was made . there is no question of fraudelent inducement
ajay sethi
(Expert) 17 November 2011
the Apex Court in the case of Haridaya Ranjan Prasad Verma and Ors. v. State of Bihar and Anr. (2000) 4 Supreme Court Cases 168. Like in the present case, in the Hridaya Ranjan Prasad Verma's case (Supra), there was no allegation in the complaint indicating, expressly or impliedly, any intentional deception on the part of the appellants right from the beginning of the transaction. The Apex Court drew distinction between cheating from mere breach of contract. According to the Apex Court, definition of cheating contemplates two separate classes of acts namely deception by fruadulent or dishonest inducement and deception by intention, but not fraudulent or dishonest inducement. Deception by fraudulent or dishonest inducement must be shown to exist right from the beginning of the transaction. It is not the case of the complainant in this case that he was deceived by fraudulent or dishonest inducement from the beginning of the transaction
ajay sethi
(Expert) 17 November 2011
in the case of The State of Kerala v. A. Pareed Pillai and Anr. 1972 Cri.L.J. 1243 (V 78 C 328) where the Apex Court held:-
"To hold a person guilty of the offence of cheating, it has to be shown that his intention was dishonest at the time of making the promise. Such a dishonest intention cannot be inferred from the mere fact that he could not subsequently fulfill the promise
ajay sethi
(Expert) 17 November 2011
Anil Kohli vs State (Nct Of Delhi) on 19 October, 2001
Equivalent citations: 95 (2002) DLT 173, 2002 (61) DRJ www.indiankanoon.org/doc/1928338/or:
Rajeev Kumar
(Expert) 17 November 2011
Mr.ajay has explained well.NO room left to add more and i do agree
H. S. Thukral
(Expert) 17 November 2011
As Mr. Sethi explained, one of the ingredient in the offence of cheating is mensrea at the time of entering into transaction. whether your client intentionally supplied the inferior quality material or it was bonafide mistake would decide the offence. Subsequent replacement with requisite quality would not mitigate the charge.
Shonee Kapoor
(Expert) 17 November 2011
But that would be seen at the time of framing of charges.
Seek bail right now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 18 November 2011
Why Makkad ??Why you agree with Mr.Sethi.
You support your reasons for.
