1) Borrower(s) having secured loan from
the Bank are bound to inform the change of address to the Bank so as to enable
the Bank to proceed further. Borrower(s) having not intimated about the change
of address to the Bank for the reasons best known to them cannot later complain
that Bank has committed a fraud by not causing notice / summons at the correct address.
Madras High Court in C.R.P.(NPD) (MD) No.1228 of 2017.
2) Mere breach of contract cannot bring
criminal cheating unless fraudulent or dishonest intention is shown right at
the beginning of the transaction. Therefore, it is the intention which is the
gist of the offence. Once the complainant himself admits that the contract was
partly performed, it cannot be inferred from any angle that the accused had
dishonest intention right from the beginning.- Patna High Court in Cr. Misc.
No. 30357 of 2013
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