RAKESH KUMAR JALAN Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Viewed from the angle that Section 420 I. P. C. will come into play only if the ingredients described under Section 415 I. P. C. are fully made out from the allegations made in the complaint. The result is imperative that the allegations in the present complaint do not come within the mischief of the said sections. Shafiqurrahman Shah a merchant has filed a complaint on 13. 2. 85 which has become subject-matter of Criminal Case No. 390/1985 against applicant Rakesh Kumar Jalan. The Magistrate has by his order dated 30. 9. 85 directed the applicant to be summoned under Section 420 I. P. C. Translated into English, the allegations are that the complainant and the accused were known from before. On 5. 6. 84, the applicant went to the complainant and pur chased goods worth Rs. 41,000. 00 and odd. A sum of Rs. 20,000. 00 was paid in cash whereas Rs. 21,000. 00 and odd was promised to be paid, if possible within 15 day's there from. The goods were however, delivered through Challan No. 360 on the said date. The reason for transfer of the goods was the faith and confidence that the complainant had on the applicant. After 15 days a demand for the balance amount was made but no payment was forthcoming. In August 1984, two cheques dated 15. 8. 84 and 28. 8. 84 amounting to Rs. 8,500. 00 was paid out the applicant Rakesh Kumar within about 10 days from the said date advised his bank to stop the payment. On further demand the accused/applicant Rakesh Kumar refused to make the payment.

(2.) THE gravement of the charge of cheatjng depends upon delivery of the property because of deception practised intentionally. If that basic ingredient is absent, a later failure to pay for whatever reason, will not take the case within the four corners of cheating. As stated above, the allegations made in the complaint do not go to make out the offence of cheating under Section 420 I. P. C. THErefore, it follows that the order summoning the applicant is also not based on the correct appreciation of the allegations made in the complaint.