induced the
complainant to invest the amount with an intention to cheat him. After
about six months, Mewa Ram handed over nine post dated cheques ... accused has cheated the complainant. Cheating has been
defined under Section 415 IPC. Section 415 IPC reads as under :
"Cheating - Whoever, by deceiving
lend him money, A not intending to
repay it. A cheats.
(g) A intentionally deceives Z into a belief
that A means to deliver ... unable to repay the loan amounts and had no
intention to cheat or dishonestly divert the loan amount, but, these are
Crl. M.C.4144
amount to cheating punishable under
Section 417 IPC. Cheating is defined under Section
415 IPC which reads as follows:
"415. Cheating.--Whoever, by deceiving ... thereby dishonestly induces Z
to lend money. A cheats.
(f) A intentionally deceives Z into a belief
that A means to repay any money that
purpose of "cheating". Under Section 463
IPC, whoever makes any false document with the intention of causing damage or
injury to the public ... inducement should be
intentional. In order to constitute the offence of cheating, the intention to
deceive should be in existence at the time when
person who cheats stands in some relation
of trust or confidence to the person cheated either as a clerk, etc. and
cheating with the knowledge ... dishonest intention on
the part of the petitioners. Further, there is no allegation in the complaint
that the intention to cheat the second respondent
granted sanction to prosecute, when the ingredients for forgery or dishonest
intention or cheating are not even prima facie available. P.W-1, had accorded ... loan is a forged FD thereby,
his intention to cheat which is an offence within the definition of cheating is
punishable under Section
accused by some other means. When
the ingredients for forgery. fraudulent intention, cheating are not even prima
facie available, P.W-1, the authority ... inducement. It goes without saying that for the offence of
cheating, fraudulent and dishonest intention must exist
from the inception when the promise or representation
continued for about
2 years. Had the petitioners dishonest or fraudulent intention to cheat, they
would not have allowed the complainant to go further ... over the Title
Deed but did not do so with an intention to cheat the complainant. On being
assured that the complainant can take loan
Bank during the period from 13.12.1999 to 29.06.2002, with a dishonest
intention to cheat the bank as well as the depositors by name P.Sridharan ... prove that the accused with intention to cheat had issued a false
FDR to the depositor. Forged depositors signature and raised loan without their
knowledge
submission, as it has been
well established that there should be intention to cheat or defraud right
from the beginning. Any subsequent conduct adopted ... taken to infer as to whether he had had intention to cheat
the complainant right from the beginning.
In this respect, I may refer
