read
with Section 120B of the Indian Penal Code ( IPC ) inter alia stating "that
the accused persons in collusion ... over property; similarly the
ingredients of the offence under Section 415 & 120-B IPC also were not
satisfied. According
under section
420 IPC. Section 415 is set out below:
415. Cheating.Whoever, by deceiving any
person, fraudulently or dishonestly ... facts
is a deception within the meaning of this section.
Section 415 IPC thus requires
1. deception of any person
Indian Penal Code.
The ingredients of Section 420 of the Indian Penal Code are as
follows:
i) Deception of any persons ... offence of cheating, as contained in Section
415 of the Indian Penal Code, did not and could not arise.
20
25. Similarly
Magistrate, Hyderabad against the appellant
under Sections 120B, 418, 415 and 420 read with Section 34
Indian Penal Code, the respondents moved ... 415 IPC . For convenience
sake Section 415 reads as below: 415. Cheating Whoever,
by deceiving any person, fradulently or dishonestly induces
taking
cognizance under Sections 406 and 420 of the Indian Penal Code (for
short “the IPC ”) against the respondent ... that the
petitioner has cheated the respondent. No case for prosecution
under Section 420 or Section 406 IPC is made
quashed under Section 482 of
the Code and noted the ingredients of Section 420 IPC. In that
case, the appellant ... Code, the complaint must disclose relevant
material ingredients of Sections 405 , 406 , 420 read with
Section 34 IPC. If there
punished with imprisonment "
Cheating has been defined in Section 415 IPC and it says that
"Whoever, by deceiving ... said to have committed any offence of
cheating as provided in Section 420 IPC.
The High Court has held that
Section 415 of the Indian Penal Code defines cheating as under :
" Section 415 .--Cheating--Whoever, by
deceiving any person, fraudulently ... illustrations set out under Section 415
of the Indian Penal Code (Illustration f) is worthy
of notice now :
`(f) A intentionally deceives
under Section 406 , 420 and 506(1) of the Indian
Penal Code (hereinafter shall be referred to as
` IPC ... deals with cheating and
dishonestly inducing delivery of property. Cheating
has been defined under Section 415 of the IPC to
constitute
without jurisdiction was a nullity.
27. Section 415 of the Indian Penal Code defines "cheating". The said
provision requires: (i) deception ... held :
"A bare perusal of Section 415 read with
Section 420 of the Indian Penal Code would
clearly lead
