Magistrate under Section 200, Cr. P.C. alleging commission of offences punishable under Sections 405 , 415 and 420 of IPC ... Therefore, in order to label an offence as cheating under Section 420 of the IPC against a person, the complainant should
allegations so far as it relates to offence under Section 415 of the IPC. The question of respondent-complainant being deceived ... make out an offence of cheating as defined under Section 415 of the IPC is not shown. Apparently, the case that
that the definition of 'Cheating' in Section 415 , Indian Penal Code requires modification in order to cover cases where one person ... present stands, such cases are not covered by Section 415 , Indian Penal Code and the punishment prescribed in Sections
IPC
are found in Section 415 of the IPC and they read as
follows:
"415. Cheating.--Whoever ... deception within the meaning of this
section."
Section 415 of the IPC mandates that the accused should
have lured
case under the provisions of Sections 403 and 415 of the
Indian Penal Code ( IPC ), 1860, Banks/ FIs are, therefore ... classified as under, based mainly on the provisions of the
Indian Penal Code :
a. Misappropriation and criminal breach of trust.
b. Fraudulent encashment through
present in the complaint none of
the ingredients under Section 415 of IPC can be alleged against
the petitioners ... April 2014
invoking powers of Section 319 Cr.P.C., for
being tried under Section 420 I.P.C. It
may be noted
accused
persons are alleged to have committed various offences
under Indian Penal Code . The details of the offences and
other particulars are as noted ... also the offences
punishable under the provisions of Indian Penal Code
16
regarding forgery, misappropriation, cheating, etc. The
investigation revealed that several agreements
facie the ingredients under
Section 415 are required to be alleged. For an offence under
Section 420 of IPC there ... offence under Section 420 are as
follows:
(i) a person must commit the offence of cheating
under Section 415
offence under S.419 r/w
S.511 of the Penal Code. He was going to Ceylon and he
used the permit which stood ... meaning of S.415 of the Penal Code
and he was held guilty of an offence under S.419 IPC
cheat'.
Explanation. - A dishonest concealment of facts is a deception within the meaning of this section."
10. Section 420 , IPC ... Department to the provisions of section 120B read with section 415 and 420 , IPC, because, there is neither fraud played
