Back
SUBHASH CHAND
Satish Kumar Sahu S/o Late Lalji Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SUBHASH CHAND, J.
1. The instant criminal revision has been directed against the judgment dated 29.02.2016 passed by the learned Additional Sessions Judge-I, Saraikella in Criminal Appeal No. 94 of 2013 whereby and whereunder while dismissing the appeal upheld the judgment of conviction and sentence dated 12.06.2013 passed by the learned Chief Judicial Magistrate, Saraikela in G.R. Case No. 520 of 2009 (T.R. No. 910 of 2013) convicting the petitioner under section 420 of the Indian Penal Code and sentencing him with rigorous imprisonment for 2 years alongwith fine of Rs.1,000/- and in default of payment of fine further simple imprisonment of 3 months has been directed to undergo.
2. The brief facts of prosecution case giving rise to this criminal revision are that the accused Satish Kumar Sahu came to the house of informant and expressed his intention to sell the land of plot no. 1709/1787, Khata No. 124, measuring area 0.30 decimal (12 katha), Thana No. 45, Mouza Kandra, PS Gamharia, District Saraikella at the rate of Rs.24,000/- per katha. The informant agreed to purchase the land at the very rate and paid Rs.38,500/- on different dates. The accused executed an agreement
A mere breach of contract does not constitute an offence of cheating under IPC; deception and fraudulent intention must be proven.
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
To establish cheating under IPC Section 420, there must be evidence of fraudulent intent at the time of the transaction, not merely a subsequent failure to fulfill contractual obligations.
The execution of sale deeds by co-sharers exceeding their portion does not constitute forgery or criminal liability, reaffirming that such disputes are civil in nature.
The prosecution must prove fraudulent or dishonest inducement, intention to deceive (mens rea), and the case beyond a shadow of reasonable doubt in cases of cheating under Section 415 IPC and Section....
Execution of sale deeds exceeding a co-sharer’s share does not constitute forgery or cheating, reaffirming that civil disputes should not be criminalized without clear offences being present.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
