A' intentionally deceives 'Z' into a belief that' A' has performed 'A's part of a contract made with 'Z', which he has not performed, and thereby dishonestly induces 'Z' to pay money. 'A' has committed

Solution (By Examveda Team)

The correct answer is Option D: The offence of cheating under Section 415 of the Indian Penal Code

First, let's define cheating as per Section 415 of the Indian Penal Code (IPC). Cheating is defined as inducing a person to deliver property or to do any other thing that such person is lawfully bound to do. This is achieved through intentionally deceiving that person using fraudulent or dishonest means. The key elements are intentional deception, dishonest inducement, and the delivery of property or performance of an act.

In this scenario, 'A' intentionally deceives 'Z' into believing that 'A' has fulfilled their contractual obligation, which is false. This deception is dishonest because 'A' aims to obtain money that they are not entitled to. 'Z', based on this deception, pays 'A' the money. All elements of cheating under Section 415 are satisfied: intentional deception, dishonest inducement, and the delivery of property (money).

Let's examine why other options are incorrect:

Option A: Criminal breach of trust (Section 405 IPC): This section deals with situations where someone is entrusted with property and then dishonestly misappropriates or converts it to their use. While there's dishonesty, there's no initial entrustment of property to 'A' by 'Z'. The money is paid as a result of the deception, not because 'A' was holding it in trust.

Option B: Criminal breach of trust by public servant, etc. (Section 409 IPC): This section is a stricter version of Section 405, applicable only to specific individuals like public servants, bankers, merchants, or agents who are in a position of trust. The question doesn't mention 'A' holding any such position.

Option C: Dishonest misappropriation of property (Section 403 IPC): This involves dishonestly misappropriating property already in one's possession. 'A' didn't have possession of the money before the deception; 'Z' only gave it to 'A' as a result of the fraud.

Therefore, only Section 415 (cheating) accurately captures the facts of the case. 'A's actions constitute a clear case of cheating as defined by the IPC.