petitioner herein along with accused No.1 cheated them.
v) Section - 415 of IPC deals with 'cheating', and as per which ... person must commit the offence of cheating
under Section 415; and
ii) The person cheated must be dishonestly induced
to
(a) deliver property
case, investigate the same and
submit a final report under Section 173 CrPC before a
Magistrate having jurisdiction for the purpose of taking
cognizance ... does not foresee any offence relating to cheating as
defined in Section 415 of IPC or the offences under
Sections
they paid their amount to him. So ingredients of Sections 415 and 420 I.P.C. have been made out. Hence, he prayed for dismissal ... ingredients of Section 415 I.P.C. has been made out, so the accused is guilty for the offence under Section 420
with LPG cylinders was guilty for the
offence under Section 420 of the Indian Penal Code. If
the cylinders were loaded on the vehicle driven ... black market. No offence of cheating as defined under
Section 415 of the Indian Penal Code also can at all be
said to have been
prosecuted under Section 7 of the
Essential Commodities Act. So far offence under Section 420 of the Indian
Penal Code is concerned, the allegation made ... does not constitute
offence of cheating as defined in Section 415 of the Indian Penal Code.
In the result, this application stands allowed
provision of Indian Penal Code would not be attracted.
Reliance is placed on 2010 (2) EFR 500 ( Pepsico Indian Holding
Pvt. Ltd. vs. State ... that the petitioner cheated any
one and, therefore, no case under section 420 IPC is
made out. Section 415 specifically provides that
Chandan Kumar Singh vs State Of Bihar & Anr on 5 October, 2015
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