https://www.taxtmi.com/caselaws?id=294320 A complaint alleging cheating must disclose deception and fraudulent or dishonest inducement, with dishonest intention present at the inception of the transaction; a mere failure to perform contractual obligations does not, by itself, establish the offence. Where the allegations and correspondence show only a commercial dispute over performance of the contract and rejection of machinery, without a clear averment of initial mens rea, criminal prosecution is not sustainable. In such circumstances, the inherent power may be invoked to prevent abuse of process where the complaint does not disclose the alleged offence, and the proceedings are liable to be quashed. en-us Tue, 16 Dec 2008 00:00:00 +0530 Tue, 05 Dec 2023 14:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294320 A complaint alleging cheating must disclose deception and fraudulent or dishonest inducement, with dishonest intention present at the inception of the transaction; a mere failure to perform contractual obligations does not, by itself, establish the offence. Where the allegations and correspondence show only a commercial dispute over performance of the contract and rejection of machinery, without a clear averment of initial mens rea, criminal prosecution is not sustainable. In such circumstances, the inherent power may be invoked to prevent abuse of process where the complaint does not disclose the alleged offence, and the proceedings are liable to be quashed. Case-Laws Indian Laws Tue, 16 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294320