their face, attract those offences under the Penal Code.
23. Section 405 of IPC defines Criminal Breach of Trust which reads ... trust and is punished under Section 406 of the
Penal Code.
25. The definition in the section does not restrict the property
415 of the
IPC. Section 415 is extracted below:
“415. Cheating — Whoever, by deceiving any person, fraudulently or
dishonestly induces ... under section 415 and 420 . The relevant extract is as follows:
“9. The ingredients of Section 420 of the Penal Code
extracted here-in-
after below:-
" Section 415 IPC-Whoever, by deceiving any person,
fraudulently or dishonestly induces the person ... body, mind, reputation or property, is said to "cheat".
Section 420 IPC-Cheating and dishonestly inducing
delivery of property
under Section 415 uses the phrase „dishonestly or
fraudulently‟ as defined under Section 24 and Section 25 of the
IPC ... Section 420 of the Penal
Code can be said to have been made out."
54. The primary ingredient for sec. 420 IPC
offence under Sections
420 , 467 , 468 , 471 of the Indian Penal Code, 1860 (for short " I.P.C ").
Learned Senior Counsel ... offence under Sections 420 , 467 , 468 , 471 of the Indian
Penal Code, 1860 mentioned in the First Information Report pertaining to
Crime
petitioner in the impugned FIR are of
cheating and forgery. Cheating is defined in Section 415 of IPC and is
punishable ... under Section 420 of IPC.
(13) Section 415 of IPC reads as under:-
"415. Cheating. Whoever
other person to
deliver any property etc. as defined in Section 415 , IPC,
is not an ingredient. If a person issues ... Therefore, Section
300 , Cr.P.C. is not a bar for separate prosecutions for
the offences punishable under Section
420 , IPC
Application under Section 156(3) Cr.P.C. has been filed
without filing any complaint under Section 154(1) ... present application under Section 156(3) Cr.P.C.
still mentions offence under Section 409 IPC. It has been highlighted
detenu are fully covered under the provisions of
the Indian Penal Code and can be tried by normal criminal Courts.
That passing ... provisions of the Indian Penal Code . The contention of detenu that
the word 'Aaka' does not refer to Prophet is absolutely false
Indian Penal Code and there is a fine distinction between the two
offences. Section 415 defines cheating and the ingredients of the cheating ... deceptive inducement which resulted in involuntary and inefficient transfers
under Section 415 IPC."
31. Undoubtedly, it is settled proposition
