https://www.taxtmi.com/caselaws?id=176675 A dispute over rival co-sharers' shares in joint property remained civil in nature, so prosecution for cheating and forgery could not be sustained unless the FIR and collected materials disclosed the essential ingredients of those offences. Cheating requires deception and fraudulent or dishonest intention at the inception of the transaction, which was absent on the stated facts. Forgery requires the making of a false document or false electronic record, and a disputed sale deed over title did not itself amount to forgery. The cognizance order was also unsustainable because it did not show application of mind to the charge-sheet. The criminal proceedings were quashed. en-us Wed, 06 May 2009 00:00:00 +0530 Fri, 15 Jan 2016 18:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=176675 A dispute over rival co-sharers' shares in joint property remained civil in nature, so prosecution for cheating and forgery could not be sustained unless the FIR and collected materials disclosed the essential ingredients of those offences. Cheating requires deception and fraudulent or dishonest intention at the inception of the transaction, which was absent on the stated facts. Forgery requires the making of a false document or false electronic record, and a disputed sale deed over title did not itself amount to forgery. The cognizance order was also unsustainable because it did not show application of mind to the charge-sheet. The criminal proceedings were quashed. Case-Laws Indian Laws Wed, 06 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=176675