police complaint for cheating

This query is : Resolved 
 

(Querist)
06 March 2010

what are the points to be remember while drafting a complaint to police for cheating u/s 420 if eventually a person wants to file a case u/156(3) of Cr.p.c.




Guest (Expert)
06 March 2010

Every criminal case under section 420 have their own different facts. In the complaint under section 190 CrPC the ingrredient of Section 415 IPC must be fulfil.....
SECTION 415.. IPC...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

Sanjeev Panda (Expert)
06 March 2010

You just remember the simple thing, show the intention of the accused parties to cheat you from the very begining when they approached you and you believing their representation delievered them money or property which they misappropriated. Thus, malafide intention from the very begining to cheat is the crucial criteria

adv. rajeev ( rajoo ) (Expert)
06 March 2010

Ingredients must be shown in the complaint.



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