Penal Code 1860–Sec. 405 & 420 [Corresponding Secs. 316(1) & 318(4) of BNS, 2023]–Constitution of both offences simultanenously–Scope for–In case of criminal breach of trust, the offender is lawfully entrusted with the property and he dishonestly misappropriates the same–Whereas in a case of cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver a property–In such a situation, both offences cannot co-exist simultaneously.
