Law: Penal Code (XLV of 1860)

Section: 415,420

Penal Code (XLV of 1860), Ss. 415, 420 Cheating Element of deception essential Receiving part price of timber blocks supplied to Government Authority as being of specified quality, which Government's experts were entitled to reject after check, accused doing nothing to misrepresent quality of blocks Held, not to fall under cheating. If a person undertakes to supply goods of a specific descrip¬tion on the condition that goods will be subjected to scrutiny before final acceptance, and will be liable to rejection if they are discovered Jo be of different quality, and supplies goods which are not of the specified quality and takes the risk of loss arising from rejection, he does not commit the offence of cheating as defined in section 415 of the Pakistan Penal Code. He commits no deception unless he so plays with the goods as to conceal its defects, and gives to them the colour to appear as goods of the specified quality. There can be no cheating without deception, and there can be no deception without misrepresentation, and misrepresentation takes place only when a person by his conduct changes the face of the article offered for acceptance. There can be no cheating if black iron is offered as gold. Where the accused received part price of timber of a certain quality supplied to a Government Authority in accordance with the specifications of a tender, which timber, Government's experts, at the station of despatch as well as at the destination station, were entitled to reject after holding a check, and the complaint was that the blocks of timber were irregular in shape, that they were not free from knots and that some Anandar was produced in place of Deodar there being no complaint that any attempt was made to conceal the knots, or to make irregular blocks look regular, or to give Anandar the colour and appearance of Deodar: Held, that accused could not be convicted of cheating. The accused placed before the Authority timber which in his view was in accordance with the specified quality, and made no attempt to conceal the defects if any. There was complete choice in the Authority to reject the timber offered if it did not correspond to the specifications.…

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