Paras is a bank employee and is an expert in handwriting and identifying signatures. Due to annual job rotation, he was assigned the task of identifying and comparing signatures on cheques of the drawer. Only upon his co

As per Sec 415 of the Indian Penal Code 1860, the main ingredients of cheating are as under: Deception of any person. Fraudulently or dishonestly inducing that person: to deliver any property to any person; or to consent that any person shall retain any property; or Intentionally inducing that person to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. In 'T.R. Arya v. State of Punjab, 1987 CrLJ 222', it was held that negligence in duty without any dishonest intention cannot be amount to cheating. A bank employee when on comparison of signature of drawer passes a cheque there may be negligence resulting in loss to bank, but it cannot be held to be cheating. In view of the above, it may be said that contention of Bank Manager i.e. lodging a complaint against Paras is not valid.