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SAI COMPUTER TYPING INSTITUTE, GULABARA CHHINDWARA (M.P.) CPCT ADMISSION OPEN MOB. NO.9098909565 Director By Lucky Shrivatri
created Nov 18th, 04:57 by Jyotishrivatri
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Deception and dishonest intent are the key elements to constitute the offense of fraud under the The presence of dishonest intention is important to apprehend the person guilty of the crime. The fact that dishonest intentions were present at the time of making the promise must be proved to convict the accused for the offense of fraud. Unscrupulous intentions at the time of making a promise may result in later non-fulfillment of the promise. The offense of fraud has an element of fraudulent or dishonest intention from the outset. When a party falsely represents another party for a profit, the intention to honor the promise at the time of the false representation is considered absent. Dishonesty is defined under section of the as committing an act or omitting to do any act which causes wrongful gain to any one person or wrongfully damages any property to any person. An act done with a view to wrongfully obtaining property or wrongfully causing harm to another person is said to be dishonest. False statements and representations made with the intention of fraud to gain profit by cheating are called false pretenses. It is not necessary that every pretense will be a liar, he has to overcome the circumstances. For example, a person may have induced a loan or distribution of property, but even then, this may not be sufficient as it may be a false pretense and the credit or distribution will not be given or disbursed. A false pretense may be used where the party wishes to come to a contract with the other party. There must be an intention to deceive, deceive or commit fraud on the part of any person. The intention to cheat plays an important role. False pretense should be kept out of the circumstances of the case. Men read a persons mental state or intention to commit a crime. It is the mental state of the accused which is taken into account while fixing the liability for the offence. Men must be proved as material necessary for the offense of cheating. It has to be proved that the accused has knowingly committed the offense of committing fraud with a scheme. If the men readied for the crime are proved.
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