(f)
(g)
(h)
(i)
(“A”) intentionally deceives (“Z”) into a belief that (“A”) means to
repay any money that (“Z”) may lend to him and thereby
dishonestly induces (“Z”) to lend him money, (“A”) not intending
to repay it. (“A”) cheats;
(“A”) intentionally deceives (“Z”) into a belief that (“A”) means to
deliver to (“Z”) a certain quantity of dura which (“A”) does not
intend to deliver and thereby dishonestly induces (“Z”) to advance
money upon the faith of such delivery. (“A”) cheats; but, if (“A”)
at the time of obtaining the money intends to deliver the dura and
afterwards breaks his contract and does not deliver it, he does not
cheat but is liable only to a civil action for breach of contract;
(“A”) intentionally deceives (“Z”) into a belief that (“A”) has
performed (“A’s”) part of a contract made with (“Z”), which he
has not performed, and thereby dishonestly induces (“Z”) to pay
money. (“A”) cheats;
(“A”) sells and conveys an estate to (“B”). (“A”) knowing that in
consequence of such sale he has no right to the property then sells
or mortgages the same to (“Z”), without disclosing the fact of the
previous sale and conveyance to (“B”), and receives the purchase
or mortgage money from (“Z”). (“A”) cheats.
Section 358 - “Cheating by Personation Defined”: A person is said to cheat by
personation if he cheats by pretending to be some other person or by
knowingly substituting one person for another or representing that he or
any other person is a person other than he or such other person really is.
Explanation:- The offence is committed whether the individual personated is a real or
imaginary person.
Illustrations:(a)(“A”) cheats by pretending to be a certain rich banker of the same
name. (“A”) cheats by personation ;
(b)(“A”) cheats by pretending to be (“B”), a person who is deceased.
(“A”) cheats by personation.
Section 359 - “Cheating”: Whoever cheats shall on conviction, be punished with
imprisonment for a term not exceeding three years or with fine or with
both.
Section 360 - “Cheating with Knowledge that Wrongful Loss may Ensue to Person
Whose Interest Offender is Bound to Protect”: Whoever cheats with
the knowledge that he is likely thereby to cause wrongful loss to a person
whose interest in the transaction, to which the cheating relates, he was
bound either by law or by a legal contract to protect, shall on conviction,
be punished with imprisonment for a term not exceeding three years or
with fine or both.
99
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