TMI Blog2023 (9) TMI 584X X X X Extracts X X X X X X X X Extracts X X X X ..... ne, if they were not induced and as a result, the DRI found in the impugned consignment that cigarettes were being smuggled and due to that, the second respondent was also roped in as an accused, who suffered harm to body, mind and reputation. Thus, the ingredients of the offence of cheating are prima facie made out on a reading of the complaint along with other materials. In the instant case, none of the ingredients under Section 499 of the IPC is satisfied. The loss of reputation of the respondents, by itself, will not constitute an offence of defamation. Such loss of reputation is also one of the ingredients in the offence of cheating. This Criminal Original Petition is partly allowed and the cognizance taken by the Court below for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g clarification and confirmation from the petitioner, the Bill of Entry was filed by the respondents with the Chennai Sea Customs. The customs duty was also paid and at the time when the goods were about to be transported, there was an alert raised by the Directorate of Revenue Intelligence (for brevity, the DRI) and they wanted to examine the contents of the cargo. The inspection was done in the presence of the petitioner, the manager of the said M/s.Red Exports and the respondents. It was found that cigarettes were concealed in the containers. (iii) Proceedings were initiated by the DRI and along with the proprietor of the importer, the second respondent was also arrested and remanded to judicial custody. Further, the second respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he proceedings initiated by the DRI cannot translate itself into a criminal complaint and that the same is not maintainable. 5. Per contra, the learned counsel appearing for the respondents submitted that the petitioner intentionally made the respondents believe that a genuine cargo was imported knowing fully well that cigarettes were concealed in the cargo, that the respondents were made to do the customs clearance formalities, that ultimately, the respondents were also caught by the DRI and that the second respondent was made to suffer incarceration and as a result, the respondents incurred wrongful loss and also lost their reputation. 6. It was also brought to the notice of this Court that the proceedings of the DRI ultimately came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the goods in the cargo only after they were detected by the DRI. The same resulted in prosecution and the second respondent was also arrested and he suffered incarceration. 11. To constitute the offence of cheating, the ingredients under Section 415 of the IPC must be satisfied. The Section requires the following ingredients : (a) deception of any person; (b) (i) fraudulently or dishonestly induce that person ● to delivery any property to any person or ● to consent that any person shall retain any property or (ii) intentionally inducing the person to do or omit to do anything, which he would not do or omit if he was not so deceived and which act or omission causes or is likely to cause damage or har ..... X X X X Extracts X X X X X X X X Extracts X X X X
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