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Supreme Court of India 2017-10-26 allowed

Rajinder Kumar vs State of Haryana

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant, who had entered into an agreement to purchase land on 4 July 1997, was charged with cheating (Section 420 IPC) when the seller later purported to sell the same land to the complainant on 20 February 1998, despite having already sold it to the appellant. The Supreme Court held that a charge of cheating against the mere purchaser was untenable because the appellant's agreement predated the complainant's. The Court quashed the charge and allowed the appeal, holding that it was the seller, not the purchaser, who could be liable for defrauding the later buyer.

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Criminal Law Cheating Fraud Land Transaction Contract Law

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