The judgment establishes the importance of fulfilling the necessary elements for offences under the Indian Penal Code, emphasizing the requirement of deception for cheating and the elements of criminal breach of trust.

Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite party no.2.

2. This application is directed against the order dated 6.2.2013 passed by the Sessions Judge, Bokaro in Cr.Rev.No.2 of 2013 affirming the order dated 21.12.2012 passed by the Judicial Magistrate,1st class, Bokaro in connection with Sector IV P.S case no.81 of 2009 whereby and whereunder prayer made for discharge was rejected.

3. It is the case of the prosecution that this petitioner entered into the house of the informant, who happens to be the nephew of the petitioner. However, with the intervention of the well wisher, it was agreed upon that the petitioner would be staying in the said house and would be making construction of the house. It was also agreed in between the parties that the petitioner would be depositing certain amount with Balram Singh in lieu of staying in the said house. That amount, in fact, was deposited by the petitioner with Balram Singh which was supposed to be taken back by the informant but when the informant came to Balram Singh for taking money, it was told by Balram Singh that the petitioner had earlier come to him and took away the entire amount by saying that he will be giving the amount to the informant.

4. On such allegation, a case was registered as Sector IV P.S. Case no.81 of 2009 under Sections 406 and 420 of the Indian Penal Code. Upon completion of investigation, when charge sheet was submitted, cognizance of the offence was taken. After appearance, an application was filed for discharge taking plea that no offence is made out either under Section 406 or 420 of the Indian Penal Code. However, that application was rejected.

5. Being aggrieved with that order, Revision application was preferred which was also dismissed. Against that order, this application has been filed.

6. Mr. R.S. Majumdar, learned Sr. counsel appearing for the petitioner submitted that accepting the entire allegation to be true, no offence is made out either under Section 406 or 420 of the Indian Penal Code as the petitioner has never been alleged to have done anything fraudulently or dishonestly and in that view of the matter, offence certainly does not get attracted.

7. Upon it, Mr. Manish Kumar, leaned counsel appearing for the opposite party no.2 submitted that it has agreed upon in between the parties that the petitioner would be staying in his house and in lieu of that, he would be depositing the money with the third person and in fact, it had been deposited but when the petitioner went there to take the money, it was told by third person Balram Singh that the petitioner had taken back the money by saying that he will be giving it to him and thereby it can easily be said that it is a case of misappropriation.

8. In the context of the submission advanced on behalf of the parties, one needs to take notice of the provision as contained in Section 415 of the Indian Penal Code which reads as under.

“Cheating - Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any persons shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property, is said to 'cheat”.

9. From its reading it appears that following ingredients should necessarily be there for constituting offence of cheating.

(1) there should be fraudulent or dishonest inducement by the person alleged to have deceived the complainant.

(2) (a) the person so deceived should be induced to deliver any property to any persons, or to consent that any person shall retain any property or

(b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived.

(3) in cases cov