'A' under a bonafide belief that certain property belongs to him and purchaser also under the same belief purchased the property from A. Subsequently real owner 'C' filed a complaint of cheating against 'A' for having ex

As per section 420 of the Indian Penal Code, 1860, whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished. In Mohd. Ibrahim and others v. State of Bihar and another, (2009) 3 SCC (Cri) 929, the accused was alleged to have executed false sale deeds and a complaint was filed by real owner of property. The accused had a bonafide belief that the property belonged to him and purchaser also believed that suit property belongs to the accused. It was held that accused was not guilty of cheating as ingredients of cheating were not present. In the given case accused had a bonafide belief that the property belonged to him. Hence, accused was not guilty of cheating as ingredients of cheating were not present.