Shivani Gadhavi
Published On: February 11, 2022 at 16:58 IST
The Kerala High Court on February 9, 2022 observed that in order to attract the Offence of Cheating, it should be proven that the person who has made the false representation should have knowledge about it and yet have proceeded to represent it, in order to deceive the opposite party.
The Kerala High Court Bench comprising of Justice Sophy Thomas was hearing a Petition filed by three workers of Anderson Diagnostics and Labs, who sought quashing of legal proceedings taken against them.
The Petitioners were accused of fraudulently collecting the blood samples of the complainant and his wife and thereby giving handing them over a Lab report with incorrect results. It was alleged by the Complainant that one of the Petitioners tried to criminally intimidate him.
It was submitted by the Counsel for the Petitioners that one of the reports given to the Complainant by the Petitioners, showed that the Complainant is suffering from Hepatitis-B. The Complainant got it checked by another Lab which submitted that he was not suffering from Hepatitis.
Due to this, the Complainant manhandled one of the Petitioners and asked for compensation as he was given a false report, when the Complainant was not compensated by the Petitioners, he filed a Complaint against the Petitioners.
In the present scenario, it was asked before the High Court that whether submission of a faulty report can attract the Offence of Cheating.
The High Court in this regard stated that, “To bring home the offence of cheating, it must be shown that, at the time of representation being made, it was not only false, but that the person who made such false representation, knew that it was false and with that knowledge, the accused made such representation and thereby induced the party deceived, to deliver the property.”
The High Court Bench in light of all the facts and observations, partly allowed the Petition and stated that the Petitioners would still have to face a Trial against offences of criminal intimidation and against accusation made against them that the Anderson Lab is not registered under the Kerala Municipal Act.