ingredient of section 420 I.P.C. as there was no intention of
cheating from the very beginning hence, the said section is not applicable ... property for one's own
use, with a dishonest intention, cheating too on the other hand as an
offence defined under section
cheating and
dishonestly inducing delivery of property which is to the following
effect:
"420. Cheating and dishonestly inducing delivery of
property.--Whoever cheats ... raised by the second respondent and whether the appellant
had an intention to cheat him from the very inception. If the
dispute between the parties
cheating' in the
complaint filed before the police, there is no averment about
the deceit, cheating or fraudulent intention of the accused ... property for
one's own use, with a dishonest intention, cheating too on the
9 Cr.M.P. No. 638 of 2016
other hand
very inception the accused have
deceived him and with the intention of cheating have made him pay an
amount ... responsibility of land upon them. He submits that the
petitioners with intention to cheat demanded and took money from the
informant in the garb
years, or with fine, or
with both.
419. Punishment for cheating by personation--
Whoever cheats by personation shall be punished with
imprisonment of either description ... property for one's own use, with a dishonest
intention, cheating too on the other hand as an offence
defined under section
there are no allegations that there was
a fraudulent and dishonest intention to cheat the
Government from the very beginning of the transaction.
Even there ... charge-sheet indicating expressly or impliedly any
intentional deception or fraudulent/dishonest
intention on the part of the appellants right from
the time of making
raised by the
second respondent and whether the appellant had an intention to cheat
him from the very inception. If the dispute between the parties ... there was any
deception played at the very inception. If the intention to cheat 9 has
developed later on, the same cannot amount to cheating
point of section 420 I.P.C. for intention of cheating from the
very beginning, learned counsel for the petitioners relied upon judgment ... there are no allegations that there was a fraudulent
and dishonest intention to cheat the government from the very
beginning of the transaction. Even there
cheating and
dishonestly inducing delivery of property"
which reads as under:
"420. Cheating and dishonestly inducing
delivery of property.--Whoever cheats and
thereby ... cheating, which is criminal offence, is a fine
one. While breach of contract cannot give
rise to criminal prosecution for cheating,
fraudulent or dishonest intention
cheating and
dishonestly inducing delivery of property"
which reads as under:
"420. Cheating and dishonestly inducing
delivery of property.--Whoever cheats and
thereby ... cheating, which is criminal offence, is a fine
one. While breach of contract cannot give
rise to criminal prosecution for cheating,
fraudulent or dishonest intention