What it involves
Many prosecutions for cheating and breach of trust grow out of commercial dealings. The recurring question is whether the facts disclose a criminal offence at all, or only a breach of contract that belongs in a civil court.
Cheating requires a dishonest intention at the time of the inducement; a later failure to keep a promise is not enough. The courts have repeatedly set aside proceedings that use the criminal law to recover money in a civil dispute.
Matters
- Cheating and criminal breach of trust
- Forgery and the use of forged documents
- Bank and loan related offences
- Cheque dishonour cases under the Negotiable Instruments Act
How a matter proceeds
DocumentsThe contracts, accounts and correspondence behind the dispute are examined.
RemedyBail, anticipatory bail or quashing, depending on the stage of the case.
HearingThe civil character of the dispute, where it exists, is placed before the court.
General information on the law as it stands on 15 November 2026. It is not legal advice and does not create an advocate–client relationship.