Three Haryana travel agents have been booked by the police for duping three Jind residents by sending them to the United States illegally. Two of these deportees tested positive after they were sent back to India by the US on May 19. DIG Ashwin Shenvi confirmed the development and said three travel agents – Ravinder Kharb and Om Prakash of Panipat district and Jagdish of Karnal district – have been booked under Section 420 (cheating) and a probe has been launched into the matter.

3 AGENTS BOOKED FOR DUPING 3 DEPORTEES

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FURTHER FACTS:

All the three deportees were made to sneak into the US illegally through Ecuador, Panama and Mexico. They all were apprehended and spent time in ICE detention centres before being deported to India earlier this month. One of the deportees, Ranjit Singh of Lohchab village in Jind, in his complaint against travel agent Ravinder Kharb said he had paid Rs. 20 lakh in January 2019 to be sent to the U.S.

LAW APPLICABLE:

Section 420 (cheating):

  1. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for term which may extend to seven years, and shall also be liable to fine.

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MY OPINION:

Distinction between mere ‘breach of contract’ and the ‘offence of cheating’ is a fine one. It depends upon the intention of the accused at the time of inducement which may be judged by his subsequent conduct but for this subsequent conduct is not the sole test. Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction that is the time when the offence is said to have been committed. Therefore, it is the intention which is the gist of the offence. To hold a person guilty of cheating, it is necessary to show that he had fraudulent or dishonest intention at the time of making be presumed? The punishment which is given under section 420 of IPC for the offence is imprisonment for a term which may extend to seven years, and also be liable to fine.

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CONCLUSION:     

Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable fine.

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For case specific advice, please contact Punjab Haryana High Court Best/Expert Lawyers Advocates for Cheating/Fraud/Immigration Cases, Chandigarh Panchkula Mohali. Zirakpur Kharar Derabassi

This post is written by Vishishta Mishra

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