Cheating--Non Payment of Work Done--Without Prima Facie Proof Of Fraudulent Intent At Inception Cannot Constitute Cheating Under Section 318 BNS
To sustain a charge of cheating under Section 318 of BNS or criminal breach of trust under Section 316 of BNS, dishonest or fraudulent intention must be established at the inception of the contract or transaction. Mere non-payment or breach of contractual obligation, without prima facie material demonstrating such intention, does not constitute a criminal offence. A civil dispute cannot be given criminal colour solely on the basis of allegations of non-fulfillment of payment obligations.
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