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iv. Lastly, Section 405 IPC's elements must be violated.
It is mentioned that in absence of these basic ingredients of entrustment and dishonest usage or disposal of any property, an offence of Section 406 of the IPC would not attract. In the case at hand, the essential ingredient of Section 406 are missing and therefore, it cannot be said that the offence under Section 406 is made out.

10. As far as the question of invocation of Section 420 of the IPC is concerned, at first it would require to examine the elements which are essential to constitute an offence under Section 420 of the IPC. For ready reference Section 420 of the IPC is reproduced as under: -

16. In the case of Vijay Kumar Ghai and Ors. vs. The State of West Bengal and Ors., reported in (2022) 7 SCC 124, Hon'ble the Supreme Court observed in detail every essential [2025:RJ-JD:24225] (10 of 19) [CRLMP-6915/2022] ingredient of Section 406 and Section 420 of the IPC read with Section 405 and Section 415 of the IPC.

17. A guilty intention or "mens rea" is the essential ingredient of the offence of cheating. In Hari Prasad Chamaria vs. Bishun Kumar Surekha & Ors., as reported in AIR 1974 SC 30, it was held that unless the complainant shows the dishonest or fraudulent intention at the time complainant parted with money, it would not amount to the offence of cheating under Section 420 of the IPC and will only be a breach of contract.