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Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court

The Jharkhand High Court has held that in the absence of any allegation of deception, false promise, or inducement at the time of the transaction, merely the breach of undertaking to repay the loan in the manner claimed cannot be a basis for conviction under Section 420 of the Indian Penal Code. A bench of Justice Anubha Rawat Choudhary, while setting aside the conviction of the accused, noted, “This Court also finds that the dispute between the petitioner and the informant was essentially in the realm of civil dispute and there being no evidence on record that the petitioner had the intention to cheat the informant right from the inception of the transaction of extending friendly loan/handing over mobile and golden ring to the petitioner, the conviction of the petitioner under Section 420 of Indian Penal Code cannot be sustained in the eyes of law.”

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