proceedings under Section 482
Cr.P.C. I see no reason, therefore, to interfere in proceedings under Section
482 ... under Section 463 ; "making a false document" under Section
464 and "cheating" under Section 415 IPC
requirements of sub-sections (1) and (2) of Section 306
Cr.P.C, and Section 307 Cr.P.C, are satisfied ... used for the purpose of "cheating". The ingredients of "cheating" under
Section 415 IPC
matters relating to the said property.
30. Section 415 IPC defines cheating. Section 415 IPC reads ... reputation or property, is said to "cheat".
31. Section 415 IPC defines cheating, inter-alia, to include where
commission of the said offences.
9 Relevant Law
Section 415 IPC (cheating) Whoever, by deceiving any person,
fraudulently or dishonestly induces ... forged such document.
The ingredients of the offence of cheating u/s 415 IPC are that
cheating requires:
1. Deception
retain property. The Court further said:
" Section 415 of the Indian Penal Code which defines cheating, requires deception of any person ... cheat from the very inception, the requirement of Section 415 read with Section 420 IPC would not be satisfied
summoned to stand trial under Section 406 of the Indian Penal
Code, 18604.
4. It is an accepted and admitted position that JIPL ... ingredients to constitute an offence under
Section 420 read with Section 415 of the IPC are absent. The pre-
summoning
retain property. The Court further said:
" Section 415 of the Indian Penal Code which defines cheating, requires deception of any person ... cheat from the very inception, the requirement of Section 415 read with Section 420 IPC would not be satisfied
retain property. The Court further said:
" Section 415 of the Indian Penal Code which defines cheating, requires deception of any person ... cheat from the very inception, the requirement of Section 415 read with Section 420 IPC would not be satisfied
forgery for the purpose of cheating a person.
11. Offence of cheating has been defined under Section 415
of the I.P.C. which ... petitioner forged the document with intention to cheat.
Offence of cheating as defined under section 415 of the I.P.C. requires
essential element
allegation of cheating and when there is no cheating, the question of forgery attracting the offences punishable under Sections 468 and 471 ... Section 24 of the Indian Penal Code and also considered Sections 463 and 420 I.P.C. and observed as follows