accused at the
time of making inducement. Making of false
representation is one of the essential
ingredients to constitute the offence of
cheating under Section ... prove that a false representation has been
made but it is further necessary to prove
that the representation was false to the
knowledge
trial Court since there are
allegations that he too made false representation. Hence, this Court is not
inclined to entertain this petition filed ... defacto
complainant. That apart, she had not made any false representation.
Even assuming that A3's husband had given A3's account number
they can share the amount equally; that based
on the said false representation, the de-facto complainant had transferred
the amount received ... deceased, Mohanavel and the wife of the
deceased. There is no false representation made to the de-facto
complainant and hence, the impugned final report
following has to be proved
simultaneously:
a. Accused made false representation and;
b. Accused knew the same to be false and;
c. Accused has either ... time of making
the same;
h. That, believing the false representation, complainant
handed over sum total
prior knowledge that the
representation he made was false.
(iii) The accused made false representation with
dishonest intention in order to deceive the person ... that they had prior knowledge of such representation being false
and made only with the intention to deceive. There are only
statements to the effect
held that making of a false representation is one of the ingredients of offence of cheating.
27. In Indian Oil Corporation Vs. NEPC India
following ingredients need to be proved:-
"(i) The representation made by the person was false
(ii) The accused ... prior knowledge that the
representation he made was false.
(iii) The accused made false representation with
dishonest intention in order to deceive the person
following ingredients need to be
proved:-
1. The representation made by the person was false
2. The accused ... prior knowledge that the
representation he made was false.
3. The accused made false representation with
dishonest intention in order to deceive the person
follows:
(i) deception of a person either by making a false or misleading
representation or by dishonest concealment or by any other act or
omission ... allege that the vendor has cheated him by making a false
representation of ownership and fraudulently induced him to part with
the sale consideration
attempting to induce any person to go to foreign countries on false representation that any employment, trade or profession shall be provided
