Attempt to commit cheating may arise from a series of acts, not just the final step, under Section 511.

Preparation for cheating ends with arranging the means of the offence, whereas attempt begins once the accused, with the required intent, starts an act directed towards its commission. Under Section 511 of the Indian Penal Code, an attempt may consist of a series of acts and need not be confined to the last or penultimate step. On the stated facts, inviting the purchaser for delivery and then mixing kerosene with diesel to supply adulterated fuel amounted to an attempt, not mere preparation. The discharge order was set aside and the matter was remitted for further trial court proceedings.

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Issues: Whether the accused's conduct amounted to an attempt to commit cheating under Section 511 of the Indian Penal Code, 1860, or merely to preparation.

Analysis: The distinction between preparation and attempt depends on the facts of each case. Preparation consists of arranging the means for the offence, while attempt begins when the accused, with the requisite intention, commences an act towards its commission. An attempt may consist of a series of acts and need not be confined to the last or penultimate act. Where the accused had already invited the purchaser to come the next day for delivery, and thereafter mixed kerosene with diesel with the object of delivering the adulterated fuel, the conduct showed a completed attempt in the larger sense adopted by Section 511.

Conclusion: The conduct amounted to an attempt and not merely preparation, so the discharge order could not stand.

Final Conclusion: The revision was accepted and the matter was sent back for further proceedings before the trial court.

Ratio Decidendi: An attempt under Section 511 of the Indian Penal Code, 1860 may be constituted by any act in a series of acts done with the requisite intent towards the commission of the offence, and it is not necessary that the act be the penultimate step before completion.

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