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Does duplicate issuing deposit is illegal?


13-Aug-2023 (In Criminal Law)
Fix deposit between husband and wife has no source of income......... husband make deposit and wife name add as either or survival term in bank ........ wife capital original fix deposit receipt forcefully and not give to husband............ later husband issuing duplicate and cash it later wife object and send Adv notice for 420..it is considered as 420 or reject by court in preliminary as private application
Answers (1)

Answer #1
905 votes
No case of cheating is made out as for attracting the provisions of cheating one has to show ingredients of cheat from the very inception as has been defined in Section 415 of the IPC, here the husband deposited the amount, thereafter wife was included as E Or S more so , as also no objection for stopping of withdrawal was filed by the wife, subsequently husband has withdrawn the amount no case u/s 420 Ipc is made out
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