Mens rea in cheating cases

Ranganath (Querist) 20 July 2009 This query is : Resolved
Ld counsels,

If the charge sheet doesnot reveal the intension to cheat, is the court correct in issuing process/summons under section 420/417 against accused.

Is mens rea (as popularly mentioned in amy judgements) a required ingredient for cheating cases.

Please clarify.

Thanks

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Swami Sadashiva Brahmendra Sar (Expert) 21 July 2009
non mentioning of all ingredients of alleged crime in the charge sheet is not fetal to the prosecution case. intention can be proved by evidence.

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