petitioner under Section 438 Cr.P.C. seeking anticipatory bail in
case FIR 25/2021 under Section 420 / 34 IPC ... prescribes punishment for cheating
and dishonestly inducing delivery of property. Section 415 IPC
defines 'cheating'. Section 415 IPC
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
empowered to pass a speaking order under Section 203
Cr.P.C. or Section 204 Cr.P.C. It is submitted that ... have
committed the offence of cheating and shall be punished.
Cheating is defined under Section 415 IPC, which reads
as under
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
trust as postulated
under section 405 of the Indian Penal Code, entails
misappropriation or conversion of another's property ... other hand as an offence defined under section
415 of the Indian Penal Code, involves an ingredient of
having a dishonest or fraudulent
investigate into offences under the Indian Penal Code ,
including offences under Sections 420 and 406 IPC respectively on the
strength ... Penal Code
has been listed, Section 420 and 406 being included therein which can be
investigated upon by the CBI.
25. However, under Section
their face,
attract those offences under the Penal Code.
49. Section 405 of IPC defines Criminal Breach of Trust
which reads ... trust and is
punished under Section 406 of the Penal Code.
52. The definition in the section does not restrict the
property
their face,
attract those offences under the Penal Code.
49. Section 405 of IPC defines Criminal Breach of Trust
which reads ... trust and is
punished under Section 406 of the Penal Code.
52. The definition in the section does not restrict the
property
follows:-
• The accused must commit offence of cheating under Section
415 IPC;
• The person cheated must be dishonestly induced ... transactions and the illustrations have been set out
under Sections 415 , 418 and 420 IPC. Similar observations
have been made
Criminal Procedure Code
( Cr.P.C .) before the learned CMM seekinginvestigation into offences
under Sections 467 / 468 / 471 / 474 IPC ... offence under Section 420 are as follows:
(i) a person must commit the offence of cheating under Section
415; and
(ii) the person
