Mere Inability To Repay Loan Does Not Constitute ‘Cheating’

21
03/2019

Mere Inability To Repay Loan Does Not Constitute ‘Cheating’

In CRIMINAL APPEAL NO. 9 OF 2019, SATISHCHANDRA RATANLAL SHAH vs STATE OF GUJARAT, the Supreme Court reiterated that the mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence.

Full News Link:- https://www.livelaw.in/know-the-law/mere-inability-to-repay-loan-does-not-constitute-cheating-142926

The rules of the Indian Bar Council prohibit law firms from advertising and soliciting work through communication in the public domain. This website is meant solely for the purpose of information and not for the purpose of advertising. GM BOSU & Associates does not intend to solicit clients through this website. We do not take responsibility for decisions taken by the reader based solely on the information provided in the website. By clicking on 'ENTER', the visitor acknowledges that the information provided in the website (a) does not amount to advertising or solicitation and (b) is meant only for his/her understanding about our activities and who we are.
EnterCancel