KANT SHARMA Vs. ANGELOUS D TOPNO

JUDGEMENT

(1.) WITH the help of this application, made under Section 482 CrPC, the petitioner, who is accused in Complaint Case No. 565c/06, pending in the Court of the learned Sub-Divisional Judicial Magistrate, Dibrugarh, has sought for setting aside the order, dated 21.11.2006, passed by the learned Sub-Divisional Judicial Magistrate, Dibrugarh, in the case aforementioned, directing issuance of process against the accused-petitioner for offences allegedly committed under Section 420/403 IPC.

(2.) I have heard Mr. P. Bora, learned counsel for the accused- petitioner, and Mr. P. J. Saikia, learned counsel for the complainant-opposite party.

(3.) THE ingredients of offence of cheating, as defined in Section 405 IPC, are: (1) Entrusting any person with property or with any dominion over property, (2) That person entrusted (a) dishonestly misappropriating - or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person so to do in violation- (i) of any direction of law prescribing the mode in which such trust is to be discharged, or (ii) of any legal contract made touching the discharge of such trust.