The this section. Where a landlord spent money

The section requires proof of cheating on the part of the offender. He must know while committing the offence of cheating that in the transaction relating to the cheating he is likely to cause wrongful loss to such a person whose interest he is bound to protect either under law or under a legal contract. The punishment prescribed is slightly more than that of ordinary cheating provided under the preceding section. Normally the cases of cheating by guardian, solicitor, agent, or trustee etc. are covered by this section.

Where a landlord spent money on renovating a house as desired by a bank who wished to take it on rent, but ultimately informed the landlord that for reasons beyond their control it would not be possible for the bank to take the house, it was held that this section was not attracted, and the landlord could proceed under a civil action if he so desired. The offence under this section is non-cognizable, bailable and compoundable when permitted by the court trying the case, and is triable by any magistrate.

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