V. Ganesan vs. State rep. by the Sub Inspector of Police & Anr. (SC)

Penal Code, 1860–Sec. 415 [ Corresponding Sec. 318(1) of BNS, 2023]–Offence of cheating–Constitution of–In order to constitute an offence of cheating, the intention to deceive should be in existence when the inducement was made–It is necessary to show that a person had fraudulent or dishonest intention at the time of making the promise–Mere failure to keep the promise subsequently cannot be the sole basis to presume that dishonest intention existed from the very begining.