consideration is whether the offence of cheating as defined under section 415 of I.P.C. embraces cases in which no transfer of property ... section 216 of the Code of Criminal Procedure and moved the Additional Sessions Judge for additional charge under section 417 of the
Indian Penal Code are not made
out against them. It is submitted that to attract Section 420 of Indian Penal
Code, there ... absence of any of the ingredients of Section 415 of the Indian Penal Code no
offence is attracted in the matter
forfeited. Section 415 of
the Indian Penal Code defines offence of cheating. Sections 415
and 420 of the Indian Penal Code ... view, the ingredients of Section 415 of the Indian
Penal Code do get attracted in the facts and circumstances of the
case. These
Lakadganj, Nagpur, for
offence under Section 420 of the Indian Penal Code, 1860 ( IPC ). The
aforesaid FIR stood registered ... cheats."
(18) The essential ingredients of the offence of cheating,
on a bare reading of the above quoted Section 415 of the IPC
concubine from whom he had a daughter. Section 415 of the Indian Penal Code defines the offence of cheating as under :
"415 ... amounts to deception within the meaning of Section 415 of the Indian Penal Code. In the instant case, the dishonest concealment is about
IPC is punishable for the offences of
cheating. Section 415 of the IPC define "cheating ... meaning of this Section.
10. To hold the person guilty of cheating is defined under
Section 415 of the
IPC is punishable for the offences of
cheating. Section 415 of the IPC define "cheating ... meaning of this Section.
10. To hold the person guilty of cheating is defined under
Section 415 of the
read with Section 34 of the Indian Penal Code, 1860, and
Section 6 and 7 of the Maharashtra Prevention of
Malpractices ... said to
"cheat".
11. Thus, to hold a person guilty of cheating as defined
under Section 415 of the IPC
offence of cheating
are present in the said allegation. To hold a person guilty of
cheating as defined under Section 415 of IPC ... offence of
criminal breach of trust and cheating as contemplated under the
Indian Penal Code as held by the Hon'ble Apex Court
read with Section 34 of the Indian Penal Code, 1860.
3. The applicant approached before this Court challenging the
registration of the criminal ... Penal Code,
1860, and observed in paragraphs No. 18 and 21 as under :-
18. In order to apply Section 420 IPC