ingredients of Section 415 of the IPC have to be satisfied.

6. In order to apply Section 420 of the IPC, namely cheating and dishonestly inducing delivery of property, the ingredients of Section 415 of the IPC have to be satisfied. To constitute an offence of cheating under Section 415 of the IPC, a person should be induced, either fraudulently or dishonestly, to deliver any property to any person, or consent that any person shall retain any property. The Criminal Appeal No.2328 of 2022 Page 13 of 23 second class of acts set forth in the section is the intentional inducement of doing or omitting to do anything which the person deceived would not do or omit to do, if she were not so deceived. Thus, the sine qua non of Section 415 of the IPC is “fraudulence”, “dishonesty”, or “intentional inducement”, and the absence of these elements would debase the offence of cheating.11 Explaining the contours, this Court in Mohd. Ibrahim and Another v. State of Bihar and Others12, observed that for the offence of cheating, there should not only be cheating, but as a consequence of such cheating, the accused should also have dishonestly adduced the person deceived to deliver any property to a person; or to make, alter, or destroy, wholly or in part, a valuable security, or anything signed or sealed and which is capable of being converted into a valuable security. 17. In the present case, the ingredients to constitute an offence under Section 420 read with Section 415 of the IPC are absent. The presummoning evidence does not disclose and establish the essential ingredients of Section 415 of the IPC. There is no assertion, much less legal evidence, to submit that JIPL had engaged in dishonesty, 11 Iridium India Telecom Limited v. Motorola Incorporated and Others, AIR 2011 SC 20. 12 (2009) 8 SCC 751. This Court, in this case, has cautioned that the ratio should not be misunderstood, to record the clarification, which in the present case, in our opinion, is not of any avail and help to respondent no. 2 - complainant. We respectfully concur with the clarification as well as the ratio explaining Section 415, 464 etc. of the IPC. Criminal Appeal No.2328 of 2022 Page 14 of 23 fraud, or intentional inducement to deliver a property. It is not the case of respondent no. 2 - complainant that JIPL had tried to deceive them, either by making a false or misleading representation, or by any other action or omission; nor is it their case that JIPL had offered any fraudulent or dishonest inducement to deliver a property. As such, given that the ingredients of Section 415 of the IPC are not satisfied, the offence under Section 420 of the IPC is not made out.