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IN THE HIGH COURT OF MADRAS
Jackson
(Assan Musaliarakath) Kunhi Bava
Versus
Emperor
Decided On : 13 December, 1928
Sections 193, 196 and 471, I.P.C. - Deliberate Fabrication and Use of False Endorsement on Pro-note
Fact of the Case:
The accused was convicted under Sections 193, 196 and 471, I.P.C. for deliberately fabricating and using a false endorsement on a pro-note. He was sentenced to imprisonment till the rising of the Court and a fine of Rs. 300.
Finding of the Court:
The Court found that the accused's actions constituted deliberate fraud and evasion of the intended punishment under the relevant sections of the Indian Penal Code.
Issues: The issues revolved around the deliberate fabrication and use of a false endorsement on a pro-note, the evasion of intended punishment, and the accused's circumstances.
Ratio Decidendi: The Court emphasized that imprisonment till the rising of the Court was a clear evasion of the intended punishment under the statute, and the accused's circumstances did not provide extenuation for the deliberate fraud committed.
Final Decision: The accused was sentenced to six months rigorous imprisonment in addition to the fine imposed.
Jackson, J.
1. The accused is clearly proved to have deliberately fabricated and used a false endorsement on a pro-note, for his defence in the suit upon the note, and was rightly convicted under Sections 193, 196 and 471, I.P.C. He was sentenced to imprisonment till the rising of the Court, and to a fine of Rs. 300. He did not appeal. When the statute lays down that for a certain offence, as for that under Section 471, I.P.C. or under Section 193, the punishment shall be imprisonment it means that the offender shall go to jail, and imprisonment till the rising of the Court is a clear evasion of that intention.
2. Possibly in rare cases when the offence is obviously technical, a Court may be justified in taking the extreme step of evading the statute which it is appointed to administer; but on the learned Judges own showing, this was not such a case. That the accused is a fairly respectable man, and not a hardened litigant are not (circumstances of extenuation. Nor can he be described as the tool of the vakils clerk, he is supposed to have employed; if the metaphor is to be used at all the vakils clerk was his tool. It was a clear case of deliberate fraud. Over and above the fine inflicted accused is sentenced to six months rigorous imprisonment.
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