Section
201 IPC. The allegations, in the charge sheet, prima facie, constitute an
offence under Section 201 IPC also.
SECTION 468 IPC :
34. Section ... forgery" under Section 463 ; "making a false document" under Section
464 and "cheating" under Section 415 IPC.
35. Section
applicability of Sections 415 and 417 , IPC, we may have a look at the provisions of Sections 415 and 417:
415. Cheating. - Whoever, by deceiving ... Section 417 , IPC, it needs to be noted that Section 417 , IPC makes punishable offence of cheating. Cheating has been defined in Section 415
notice the ingredients for establishing a
charge under Section 420 IPC. Section 415 IPC defines
cheating which is to the following effect:
"Section 415 ... cheat”.
17. Section 420 IPC is with regard to the
cheating and dishonestly inducing delivery of property
which is to the following effect:
"Section
used for the purpose of "cheating". The ingredients of "cheating" under
Section 415 IPC are (i) the accused had deceived another ... said to "cheat". While the first part of
the definition of "cheating" in Section 415 IPC relates to property, the second
material fact amounts to cheating the
sellers in as much as, as per the explanation appended to
Section 415 IPC makes it clear that ... under Section 420 of IPC? Whether it
amounts to dishonest concealment of fact as per the
Explanation appended to Section 415 of IPC? Even
meaning of under Section 415 IPC. For better appreciation Section 415 and 417 IPC are quoted below:
Section 415 . Cheating-Whoever, by deceiving any person ... mind, reputation or property, is said to "cheat".
Section 417 . Punishment for cheating.-Whoever cheats shall be punishable with imprisonment of either description
notice the ingredients for establishing a charge under Section 420 IPC. Section 415 IPC defines "cheating" which is to the following effect ... with fine, or with both.]
15. Section 415 of the Penal Code reads thus:
"415.Cheating.--Whoever, by deceiving any person, fraudulently or dishonestly
defined in Section 415 IPC and is punishable under Section 420 IPC. Section 415 is set out below:
"415. Cheating.-Whoever, by deceiving ... cheat'.
Explanation.-A dishonest concealment of facts is a deception within the meaning of this section."
41. Section 415 IPC thus requires
Cheating by personation under Section 416 (and punishment
under Section 419 ) still presupposes "cheating" under Section 415 .
Personation is the mode of deception ... section.
25. This is why the Supreme Court has repeatedly stated that Section 420
necessarily postulates cheating under Section 415 plus dishonest inducement
resulting
Cheating is defined under Section 415 IPC, which reads as
follows:
"Section 415. Cheating.—Whoever, by
deceiving any person, fraudulently or dishonestly
induces ... Thus, cheating is an essential ingredient for
an act to constitute an offence under Section 420
IPC.
8. “Cheating” is defined under Section
415
