FIRST LAW

The Indian Penal Code, 180 - Section 420 - Mobile postpaid connection -  failed to discharge liability for user charges - Held, Mere breach of trust or agreement will not by itself amount to a criminal offence under Section 420 IPC - In order to make out an offence under Section 420, the prosecution has to show that the dishonest intention to cheat existed at the time when the alleged promise in question was made. 

Penal Code, 1860 -  Ss. 415 & 420 -   M aking of a false representation is one of the essential ingredients to constitute the offence of cheating under  Section 420  IPC. Therefore, in order to bring a case for the offence of cheating, it is not sufficient enough to prove that a false representation had been made, but, it is further necessary to prove that the representation was false to the knowledge of the maker and was made in order to deceive the de facto complainant.