The central legal point established in the judgment is the interpretation of the elements of cheating and criminal breach of trust under the Indian Penal Code, emphasizing the requirement of fraudulent or dishonest inducement for cheating and the elements of entrustment, dishonest misappropriation, and violation of legal contracts for criminal breach of trust.

1. Heard learned counsel appearing for the petitioner and learned counsel appearing for the informant as well as leaned counsel appearing for the State.

2. This application has been filed for quashing of the order dated 19.4.2012 passed by Additional Chief Judicial Magistrate, Bermo at Tenughat in Bokaro Termal P.S. Case No. 122 of 2011 whereby and whereunder the court took cognizance of the offence punishable under Sections 406 and 420 of the Indian Penal Code against the petitioner.

3. The case of the complainant, in brief, is that the petitioner did impress upon the complainant and others that he does have license for purchasing coal and therefore, if they will be advancing money, he would purchase coal and will sell it of. Out of the income coming from it, the profit would be shared among them. On such assurance being given, a sum of Rs. 8,48,506/- was given to the petitioner. The said amount was deposited before C.C.L. for purchasing 200 tons of coal and in fact, 200 tons of coal was allotted to the petitioner but on account of certain reason, the coal was not lifted and therefore, M/s. Central Coal Field Limited deposited the entire money in the account of the petitioner but the petitioner never returned the amount to the complainant and others in spite of repeated requests being made by him.

4. On such allegation, a case was lodged which was registered as Bokaro Thermal P.S. Case No. 122 of 2011 under Sections 406 and 420 of the Indian Penal Code against the petitioner. On submission of the charge sheet, cognizance of the offence punishable under Sections 406 and 420 of the Indian Penal Code was taken against the petitioner, vide order dated 19.4.2012.

5. Being aggrieved with that order, this application has been filed.

6. Mr. Rajesh Kumar, learned counsel appearing for the petitioner submits that accepting the entire allegation to be true, no offence is made out against the petitioner as the petitioner has never been alleged to have induced the complainant and others fraudulently or dishonestly to pay the money and thereby the question of committing offence either of cheating or criminal breach of trust does not arise.

7. As against this, learned counsel appearing for the informant as well as learned counsel appearing for the State submits that all the ingredients for commission of the offence under Section 405 is there as the petitioner did not return the money in spite of the money given by them was returned by M/s. Central Coal Field Limited to the petitioner and thereby they can be said to have misappropriated the amount which was given to the petitioner and therefore, the offence of criminal breach of trust is certainly made out.

8. Having heard learned counsel appearing for the parties, it does appear that on the allegations mentioned hereinabove, cognizance of the offence under Sections 406 and 420 has been taken against the petitioner but keeping in view the allegation, no case is made out under Section 420 of the Indian Penal Code.

9. At this stage, I may refer to 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 was 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.

10. From its reading it appears that the following ingredients should necessarily be there for constituting offence of cheating:-

1. There should be fraudulent or dishonest inducement of a person by deceiving him.

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.

(b) The person so deceived shoul