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2018 (6) TMI 1804 - MADRAS HIGH COURTOwnership and possession of property - cheating and forgery - offences under Sections 120(B), 420, 465, 467, 468, 471, 384 and 506(I) IPC - HELD THAT:- This F.I.R has been primarily registered for the offences of cheating and forgery. The offences of cheating will be made out only if it is shown that the accused herein had dishonestly induced the defacto complainant to deliver any property to any person. In this case, the defacto complainant has no where averred that he was cheated and dishonestly induced to do any act. In fact, his case is that he was threatened by the first accused. When his case is that he was threatened, he cannot in the same breath contend that he was cheated. The two allegations simply do not go together. This Court is of the view that the offences of cheating and forgery are clearly not made out against the petitioners herein - this Court cannot believe that Durai Pandian or his brother would have fell intimidated by the so called threats held out by the first accused. In any event, the long delay in lodging this F.I.R in a case of this nature by itself renders the allegations inherently improbable. These Criminal Original Petitions are allowed.
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