Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 232 - HC - Indian LawsDishonor of Cheque - Cheating - offence of cheating by dishonestly inducing PW-1 to deliver a cash sum for providing a government job to his brother - cross examination of the prosecution witnesses - HELD THAT:- It has not been denied by the petitioners that petitioner Aswini Debbarma developed a relationship with PW-1 while he was posted as teacher in a government school at Sabroom. It is not also denied by him that he used to meet PW-1 in his bakery frequently. By cross examination of the prosecution witnesses, the petitioners tried to establish that the cheques which were issued by accused Subhash Debbarma to PW-1 were not presented at the New Secretariat branch of SBI where the accused maintained his account and as a result the cheques were dishonoured. He also wanted to establish that accused Subhash Debbarma received the said sum of money from PW-1 as official expenses for arranging a job for his brother Babul Saha. He never denied the execution of the agreements [Exbt.1 & 2] and his signatures thereon. Petitioners did not also deny that Subhash Debbarma (one of the petitioners) received the said sum of money from PW-1 assuring him that he would arrange a government job for his brother. The learned trial court has rightly held that the facts of the case do not attract the provisions of Section 138 NI Act because in bringing the charge under NI Act the procedures prescribed thereunder have to be followed. In order to constitute an offence under Section 420 IPC, it has to be essentially proved that the accused has committed cheating within the meaning of Section 415 IPC and by such cheating has dishonestly induced the persons so cheated to deliver any property to the accused or to any person, or to make alter or destroy the whole or any part of the valuable security or anything which is signed or sealed, and which is capable of being converted into a valuable security - Clearly in this case the allegations which have been brought against the petitioners are that with a fraudulent intention they allured PW-1 with a government job for his brother and dishonestly induced him to pay ₹ 1,10,000/- to them and thereby committed the offence of cheating punishable under section 420 IPC. In the case of HRIDAYA RANGAN PD. VERMA AND ORS. VERSUS STATE OF BIHAR AND ANR. [2000 (3) TMI 1105 - SUPREME COURT OF INDIA] the Supreme Court has succinctly held that to establish the charge of cheating against the accused, it is necessary to show that he had fraudulent or dishonest intention at the time of making the promise. Thus, the accused petitioners committed the offence of cheating by dishonestly inducing PW-1 to deliver a cash sum of ₹ 1,10,000/- for providing a government job to his brother. The receipt of the money is not denied by the petitioners. Rather they tried to establish that they had taken the money from PW-1 for processing his application for a government job and they also tried to refund the money when they failed to keep their promise by issuing cheque in favour of the complainant [PW-1] which was eventually dishonoured for the fault of the complainant - this court is of the view that there is no infirmity with regard to the conviction and sentence of the petitioners. Their conviction and sentence passed by the trial court has been rightly affirmed by the learned appellate court. The criminal revision petition stands dismissed.
|