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    <title>2025 (9) TMI 616 - DELHI HIGH COURT</title>
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    <description>A summoning order for cheating was unsustainable because the material on record did not prima facie show dishonest intention at the inception of the transaction. On the complainant&#039;s own material, investment had been made through the petitioner&#039;s father&#039;s proprietorship concern, the disputed cheques were credited to the margin account, and trading had occurred, with losses and withheld shares following later. The court noted that cheating requires deception, fraudulent or dishonest inducement, and initial dishonest intent; mere business loss, a civil dispute, or possible regulatory lapses are insufficient. It also found no conscious application of mind to the material before the Magistrate differed from the cancellation report, so relief was granted.</description>
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      <title>2025 (9) TMI 616 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=778127</link>
      <description>A summoning order for cheating was unsustainable because the material on record did not prima facie show dishonest intention at the inception of the transaction. On the complainant&#039;s own material, investment had been made through the petitioner&#039;s father&#039;s proprietorship concern, the disputed cheques were credited to the margin account, and trading had occurred, with losses and withheld shares following later. The court noted that cheating requires deception, fraudulent or dishonest inducement, and initial dishonest intent; mere business loss, a civil dispute, or possible regulatory lapses are insufficient. It also found no conscious application of mind to the material before the Magistrate differed from the cancellation report, so relief was granted.</description>
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