portions of the judgment
is extracted hereunder:
40. Section 415 of the Indian Penal Code defines cheating as
under :
'Section 415:--Cheating--Whoever ... ingredients of cheating as defined in Section 415 of
the Indian Penal Code is existence of an intention of
making initial promise or existence thereof
Section 415 IPC defines cheating which is punishable under Section 417
IPC. Section 415 IPC is quoted here under ... fine."
11) The ingredients of offence cheating under Section 415 IPC
and cheating and dishonestly inducing delivery of property under Section
initial promise being absent, no offence under Section 420 of the Indian Penal Code can be said to have been made out.
15. There exists ... ingredients of cheating as defined in Section 415 of the Indian Penal Code is existence of an intention of making initial promise or existence thereof
petitioner submits that
no case for cheating as defined u/s 415 IPC or that of
forgery as contemplated ... constitute cheating.
5.3(b) Moreso, cheating which is defined under
Section 415 IPC is further divided into two main
ingredients. First
concept of criminal cheating, as provided
under Section 415 of the Indian Penal Code,
the ingredients of fraudulent, dishonest
intention has become the basic sine ... case of
cheating within the meaning of Section
415 of the Indian Penal Code has been
made out or not.
11. Ingredients of cheating
meaning of section 420 IPC read with section 415 IPC and
as such, it cannot be said that based ... case, the basic ingredient of the offence of
cheating u/s 415 IPC is not made out. If that be so, consequently
extracted below:
4.Cheating is defined in Section 415 of the Indian Penal Code which provides as under:- "415. Cheating.- Whoever, by deceiving ... ground that Chapter XVII of the Indian Penal Code deals with the offences against properties and, therefore, Section 415 must also necessarily relate
defined in Section 415 IPC and is punishable
under Section 420 IPC. Section 415 set out below:
415. Cheating.Whoever ... facts is a deception
within the meaning of this section.
Section 415 IPC thus requires -
1. deception of any person.
2. (a) fraudulently
defined in Section 415 IPC and is punishable
under Section 420 IPC. Section 415 set out below:
415. Cheating.Whoever ... facts is a deception
within the meaning of this section.
Section 415 IPC thus requires -
1. deception of any person.
2. (a) fraudulently
3663/2011
under Sections 408 , 420 , 468 and 471 IPC is
sustainable in law?"
12. In an appeal against the order ... attracted only if the offence constituting
cheating as defined under Section 415 IPC is
established . Section 415 IPC reads as follows
