under Section 420 Penal Code, 1860. For the
purpose of the present appeal, we would assume
that the various allegations of fact which have
been made in the complaint by the appellant are
correct. Even after making that allowance, we
find that the complaint does not disclose the
commission of any offence on the part of the
respondents under Section 420 Penal Code,
1860. There is nothing in the complaint to show
that the respondents had dishonest or
fraudulent intention at the time the appellant
parted with Rs. 35.000/- There is also nothing to
indicate that the respondents induced the
appellant to pay them Rs. 35,000/- by deceiving
him. It is further not the case of the appellant
that a representation was made, the
respondents knew the same to be false. The fact
that the respondents subsequently did not abide
by their commitment that they would show the
appellant to be the proprietor of Drang Transport
Corporation and would also render accounts to
2025:CHC-AS:1371
him in the month of December might create civil
liability on the respondents for the offence of
cheating.”