Cheating | Case Reference

সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।

It is apparent that under section 417(1) and (2) only the government or the complainant may file appeal against an order of acquittal. Therefore, the informant could only file a revision against the aforesaid order of the Chief Metropolitan Magistrate, Dhaka, but in this case a person who was not the complainant has filed an appeal which is not contemplated under the law. To that extent the decision of the High Court Division cannot be faulted. [73 DLR (AD) (2021) 153]

Sections 406/420-Since there is a claim and counter-claim between the parties this criminal case should not be allowed to proceed and they be given an opportunity to sort out claims in the Civil Court. [Delwar Hossain Sowdagar vs State, represented by the Deputy Commissioner 55 DLR 5 ]

In order to constitute an offence under section 415 of the Penal Code the deception by the accused is must and such deception must be also from the initial stage of the transaction but in the instant case since the accused made a payment of Taka 38,820 to complainant in two installments, so, it is difficult for us to hold that the accused had an initial intention to deceive the complainant rather there appears part payment in the transaction. So if the allegations of the complainant are accepted in its entirety the same do not constitute any offence under sections 420 and 406 of the Penal Code. Thus, we find it difficult to hold that the occurrence of this case can be covered under the provisions of sections 420 and 406 of the Penal Code. [19 BLC 211]

The allegations of bouncing of cheque simpliciter does not ipso facto constitute any offence as defined under section 115 of the Penal Code punishable under section 420 of the Penal Code and, as such, framing of charge against the appellant under section 420 of the Penal Code suffered from serious illegality. [BLR 2014 (AD) 265 ]

There is no such specific promise for payment by any specific date and as such we do not find any existence of initial intention for deception on the part of the accused petitioner. What happened between them was in due course of normal and regular business transaction for which no criminal action lies. At best the informant may go for civil action against the accused petitioner. In view of above discussion we are of opinion that no criminal action under section 420/406 Penal Code lies against the petitioner. Continuation of the present proceeding against the petitioner will be abuse of the process of court. [BLD 20 (HD) 411]

Cheating

Whenever a loan is taken by one from another on the representation to repay the same dishonestly inducing the person to lend money having no intention to repay, it will be an offence under section 420 B.P.C. Md. Shafluddin Khan Vs. The State and another, 13 BLD (HCD) 362

Ref: 13 CWN, 728; 10 DLR 325, 26 DLR146; 27DLR(AD)175; 7BLD164 Cited

 

Cheating

The question of offence of cheating, does not when there is nothing on record to show that any entrustment of property was made to the accused-Penal Code Sections.406 and 420

Md. Islam Ali Mia alias Md., Islam Vs. Amal Chandra Mondal and another, 13BLD (AD) 28

 

Cheating

To justify a conviction for cheating, the initial intention to deceive on the part of the accused must be established. The intention is to be gathered from the surrounding circum- stances-Penal Code, Section 415

Md. Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another) 14 BLD(AD)78

Ref: 12 DLR 520; 30 DLR 327

 

Cheating

To sustain a charge of cheating the prosecution must prove the initial deception of the accused-Penal Code S. 420

Abdul Karim Vs. ShamsulAlam and another, 14BLD(HCD)167

Ref: PLD1950 (Lahore)90; 14BLD(1994) 33; 40DLR443 Cited

 

Cheating 

Offence under section 138 of the Nego- tiable Instruments (Amendment) Act for dis- honour of a cheque and the offence of cheat- ing under section 420 of the Penal Code are two distinct offences under two different laws. So, the trial of the petitioner under section 420 of the Penal Code before the Magistrate is not barred under the law. The institution of a money suit for realisation of money in question from the petitioner does not also stand as a bar against the prosecution from proceeding with the trial of the case un- der section 420 of the Penal Code. Negotiable Instruments (Amendment) Act, 1994 (XIX of 1994), Sections-138 and 141, Penal Code, 1860 (XLV of 1860), Section-420

Md. Nurul Islam Vs. The State and another, 17BLD (HCD) 498

 

Cheating

From the petition of complaint it appears that the transaction in question was normal and routine transaction and as such the liability of the accused persons, if any, is civil liability. As there are no ingredients of the of- fences under section 406 or 420 of the Penal Code in the petition of complaint, continuation of the proceeding will be an abuse of the process of the Court and as such the proceedings is liable to be quashed.

Md Asaduzzaman Vs. Md Salamatullah, 19BLD (HCD)461

Cheating

To constitute an offence of cheating as described in section 415 of the Penal Code, there must be a specific allegation that the accused had initial intention of deceiving the complainant. Such intention can be gathered from the facts and circumstances because such intention normally is concealed in the mind and is not expressed. If there is allegation that goods were delivered on credit on specific promise of repayment within a specific date but the payment was not made within the specific time, it may be inferred that there was initial intention of deception. Md Asaduzzaman Vs. Md Salamatullah, 19BLD (HCD) 461 Ref: 46 DLR (AD) 180; 30 DLR 327; 27 DLR (AD)175; 1954Crl. L. J. (SC)1806; 10 BLD(AD)168: 42DLR(AD)240-Cited

Info!
"Please note that while every effort has been made to provide accurate case references, there may be some unintentional errors. We encourage users to verify the information from official sources for complete accuracy."