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Dr Ramesh Yadav   30 July 2021

Cheating,Forgery

Sir, What about bail, Is it easy to get bail in 465,471 and 420 IPC ? where to apply for the same ? Is Anticipatory bail possible ?


 4 Replies

Simran Dalmia   30 July 2021

Cheating: Whoever, by deceiving any person, fraudently 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. 

Essential ingredients of cheating:

1. Deception : the word 'deceive' means to cause someone to believe what is false or mislead or trick him to some error by words or conduct. 

2. Dishonest or fraudulent intention : the person so deceiving must dishonestly i.e intention to do wrongful loss or have wrongful gain or fraudently i.e. intention to injure any unascertained property or person induce any person to deliver any property or to do some act or omit to do anything which the person so deceived otherwise would not have done.

3. Causes damage or harm : there should be causation or likelihood to cause damage or harm to the mind, body, property or reputation of the person so deceived and not to any other person. However the damage caused should be under the influence of deceit and it should not be too remote.

Forgery: Whoever makes any false documents or false electronic record, with intend to cause damage or injury, to the public or to any person or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

A person shall be liable for the offence of forgery if he makes a false document with an intention to:

1. Cause any damage or injury to any person or public

2. Cause any person part with the property 

3. Enter into any express or implied contract

4. Support any claim or title

5. Commits or may commit any fraud.

Dr J C Vashista (Lawyer)     31 July 2021

Anticipatory bail and bail are two different subjects, where there is an apprehension of being arrested the accused files an application for grant of anticipatory bail before Sessions Court.

When accused is already arrested and lodged behind bars do apply for bail before concerned Trial Court, which is your case ??

If it is a true story you should have posted in your original thread already posted /responded by experts  at https://www.lawyersclubindia.com/forum/cheating-forgery-219090.asp.

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     31 July 2021

Yes you will get bail.

For detailed consultation Please contact me at TriCity Law Firm India or email us at adv.kamal.grover at gmail or contact us at 98l4llOOO5

Regards

Kamal Grover Advocate

1 Like

P. Venu (Advocate)     01 August 2021

You have not posted the material facts.


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