Criminal Procedure Code, 1973
Section 439—Bail—Cheating and forgery—FIR registered under Sections 420/406/409/411/414/467/468/471/212/120B of IPC—Mode and manner in which applicant is alleged to have committed the crimes makes it a grave offence—Allegations are serious in nature and applicant had earlier been involved in the offence of similar nature—Investigation agency has already completed the investigation and further incarceration is no longer required for any investigation—Evidence is documentary in nature and is ready in possession of the State—Veracity of allegations and strength of evidence is a matter of trial—Various litigations have been initiated by the complainant against applicant in the form of complaints under NI Act—Incarceration of applicant in such scenario for further period would also cause deprivation of his right of legal defence—Allegations and counter allegations would be decided during the course of trial and accused cannot be made to remain in custody for an infinite period only for the reason that serious allegations have been made against him or that he had been involved in the cases of similar nature—Applicant directed to be released on bail subject to conditions—Application allowed.
[Paras 31 to 40]
Indian Penal Code, 1860
Section 420—Cheating—Proof—In order to establish the offence of cheating, what is required to be shown is that the accused had dishonest intention at the time of making representation or promise—Mere failure to keep the promise on a subsequent date cannot be presumed that such culpable intention existed right at the beginning—Whether the accused had a dishonest/fraudulent intention right when the alleged agreement was entered into is essentially a matter of trial.
[Para 30]