SHASHI LATA KHANNA Vs. STATE OF DELHI

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment and order dated 1.11.2004 of the Metropolitan Magistrate in case arising out of FIR No. 362/83, under Sections 120-B / 448 / 465 / 420 / 468 / 471 /34 IPC, Police Station, Vinay Nagar, whereby the learned Metropolitan Magistrate has acquitted the accused persons of all charges.

(2.) Facts of the case, as noted by the learned Metropolitan Magistrate, are as follows:

(3.) Before proceeding further and appreciating the evidence it may be mentioned her that it was never the case of the prosecution or the complainant that the accused persons or any of them ever induced the complainant or anybody else in obtaining the alleged blank letterheads upon which the alleged rent note was prepared. Rather it was the case of the prosecution throughout that the complainant alleged that the said letterheads were lying duly signed blank in the office of the complainant and her husband and the accused persons obtained them after committing theft of the same and converted those blank signed letterheads into the alleged rent note. Even otherwise not even an iota of evidence have come on record in the testimony of any of the witnesses that anybody was ever induced by any of the accused persons in delivering of the said blank signed letterheads upon which the alleged rent note has been prepared. The ingredients required to constitute the offence of cheating are: (i) there should be fraudulent or dishonest inducement of a person by deceiving him; (ii) (a) the person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or not to do anything which he would not do or on it if we were not so deceived; and (iii) in cases covered by the (ii)(b) the act or omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property. (Rant Jas v. State of U.P., AIR 1974 SC 1811)