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Tuesday, August 17, 2010

Indian Penal Code, 1860, S.419, 420, 468 , 471--Cheating

2010(3) LAW HERALD (P&H) 2069
The Hon’ble Mr. Justice Kanwaljit Singh Ahluwalia
Criminal Revision No.2224 of 2002
Amar Singh & Ors.
State of Haryana
{Decided on 04/06/2010}
For the Petitioners: Mr. R.N. Kush, Advocate.
For the Respondent – State: Mr. Manish Deswal, DAG, Haryana.
Indian Penal Code, 1860, S.419, 420, 468 & 471--Cheating--Forgery--In view of categoric findings of Civil Court it cannot be said that alleged forged mutation was used for cheating or was fraudulently used as genuine--Therefore, petitioners are entitled to acquittal so far as offences under Sections 468 and 471 IPC are concerned--If land was not mortgaged, then mutation dated 7.3.1983 whereby redemption of land was shown cannot be said that it was used for cheating--Therefore, offence under Section 420 IPC is also not made out--But since in mutation proceedings ‘H’ was impersonated, offence will fall under Section 419 IPC--Petitioners were taken into custody on 30.10.2002--They were ordered to be released on bail on 16.1.2003--They have undergone 2 months and 16 days of actual sentence--Appellate Court had reduced sentence under Sections 420, 468 and 471 IPC to eight months RI--Alleged mutation pertained to year 1983--FIR was registered against petitioner-accused in year 1985--They are in corridors of Courts for last 25 years--Since offence has been converted to Section 419 IPC considering mental pain and agony of protracted trial suffered by petitioners, sentence already undergone by petitioners will serve purpose--Petitioners are acquitted of offence under Section 420, 468 and 471 IPC--They are held liable for offence under Section 419 IPC and awarded sentence of 2 months and 16 days, period already undergone by them. (Para 19, 20 & 21)