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
section 415 of the I.P.C. and same is made punishable under section 417 of the I.P.C. The offence of cheating squarely ... submissions made at the Bar.
13. To constitute offence of cheating under section 415 of I.P.C. following ingredients are necessary :-
(i) Deception
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
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
defined in Section 415 . For the purpose of appreciating the controversy Section 415 of the IPC is reproduced below:
"415. Cheating: Whoever by deceiving ... cheating by personation and Section 417 deals with punishment for cheating. 1 have not been able to find any ingredients of Section 415
under Section 417 of I.P.C.
17. Section 376 and 417 are co-related. Section 417
provides the punishment for cheating. Section 415 defines ... cheating.
Section 415 reads as under:
"Cheating - Whoever, by deceiving any
person, fraudulently or dishonestly induces
the person so deceived to deliver any
property
Cheating, for the purposes of Sec. 420 IPC has been defined u/s 415 IPC as
follows:
415. Cheating.--Whoever, by deceiving any person, fraudulently ... held :
14 Section 415 of the Penal Code reads thus:
" Section 415 . Cheating.- Whoever, by deceiving any person, fraudulently or
dishonestly induces the person