read
with Sections 409 , 420 , 467 , 468 and 471 Indian Penal Code.
In the second FIR dated 12.6.1989 field by the
superintendent ... essential
ingredients of the offence of cheating as contained in
Section 415 IPC are:-
a) Dishonest inducement; b)
Delivery
cheating
MUL and was also charged under Section 471 read with Sections 467 and 468
of IPC for fradulently ... used for cheating;
(iv) A-3 is convicted under section 471 r/w section 467 and 468 of IPC
complainant under Section
415 / 420 / 465 / 467 / 468 / 471 / 120-B / 34 of Indian
Penal Code accompanied with an application
under Section ... second respondent under Section 156(3) of the Code:-
1. That the complainant prefers this complaint
u/s 415
offences under Section 406 , 420 , 460 of
the Indian Penal Code but also the background facts leaving to the dispute
between the parties ... reputation or property.
A bare perusal of Section 415 read with Section 420 of the Indian
Penal Code would clearly lead
Section 156(1)
of the Code except under an order of a Magistrate within the purview of
Section 155(2) of the Code ... said purpose,notice
the ingredients of Section 415 punishable under section 420 of
the I.P.C. which are as follows.
(I) 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
under Section 5(2) read with Section 5(1)(d) of Prevention of Corruption Act, 1947 and Section 161 IPC ... Sections 161 , 162 , 163 , 164 and 165A of the Indian Penal Code read with Sections
Indian Penal Code , 1860 (Act 45 of 1860), ss. 415,
419--Cheating-Public Service Commission, false
representations to-If deception of Government.
HEADNOTE ... Court.
Held: (i) Cheating can be committed in either of the two
ways described in s. 415 Indian Penal Code. 'Deceiving a
person
convicted
him for offence under Section 417, Section 471 read with
Section 465 IPC and awarded him sentences ... conviction under Section 417 is
concerned, the High Court has ignored the definition of
`cheating' provided in Section 415 IPC
Penal Code, Section 465 read with Section 34 , Section 468 read with Section 34 , Section 471 read with Sections ... read with Section 34 , Section 468 read with Section 34 , Section 471 read with Section 34 and Section