Shree Chandrashekhar, J. - (1.) The petitioner, who is one of the accused in Sahibganj (Town) P.S. Case No. 91 of 2013 which has been registered for the offence under Section 420 read with Section 120B IPC and Section 3, 4, 5, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, is aggrieved of the order dated 14.09.2015 passed in Sahibganj (Town) P.S. Case No. 91 of 2013 by which his application for discharge has been declined.
(2.) Contention raised on behalf of the petitioner is that without recording a finding that ingredients of the offence as defined under Section 415 IPC, that is, cheating, the petitioner's petition for discharge cannot be dismissed.
(3.) At the outset, it needs to be recorded that it is not the language of an order which matters most, content and essence of the order have also to be seen. The learned trial court in its order dated 14.09.2015 has recorded that the petitioner is the main collection agent of the company and there is sufficient material available on record against the petitioner to frame charge under Section 420/120B IPC. Not only that, there is a reference of paragraph nos. 5, 6, 7, 8 and 11 of the case diary on the basis of which the trial court has formed its opinion for taking cognizance of the offence under Section 420/120B IPC. It has also been recorded in the order dated 14.09.2015 that the petitioner and other accused persons were involved in collection of money from public cheating them without any authority. In my opinion, the aforesaid facts lay sufficient foundation for constituting offence under Section 420 IPC and accordingly, it must be held that ingredients of the offence of cheating as defined under Section 415 IPC are present in the case.;