Mere appearance under a false identity without further deceit does not amount to cheating under IPC.

1. The criminal revision has been filed under S.397 read with S.401 of the Code of Criminal Procedure against the judgment dated 28-2-2001 passed by Sessions Judge, Surguja (Ambikapur) in Cr. A. No. 2/2000, whereby the judgment of conviction and order of sentence dated 10-1-2000 passed by Chief Judicial Magistrate, Ambikapur in Cr. Case No. 2338/87, has been affirmed, dismissing the appeal of the applicant.

2. Case of the prosecution, in brief, is that pursuant to the warrant of arrest issued against non - applicant - Karia under S.107, S.116(3) of CrPC in Misc. Cr. Case No. 564/87 pending in the Court of SDM, Ambikapur, non - applicant - Karia appeared before the Court of SDM, Ambikapur. Applicant - Ramnath had come to the Court along with non - applicant - Karia for the purpose of his bail. The applicant went to the reader to the SDM, Ambikapur and by pretending himself to be Genda, s/o Manglu, submitted the Rin Pustika, which was in the name of Genda, s/o Manglu, to reader B. P. Soni. However, on suspicion, when reader B. P. Soni again asked the name of the applicant, then he disclosed his name as Ramnath s/o Paras. Thereafter, Reader B. P. Soni submitted the said Rin Pustika before the SDM and informed him about the incident. The SDM sent a written report (Ext. P / 3) to Police Station, Ambikapur for taking action against the applicant.

3. Learned trial Court after hearing counsel for the parties and considering the material available on record, by the judgment dated 10-1-2000 convicted and sentenced the appellant under S.419 of the IPC, against which the applicant preferred an appeal, and the same was dismissed by the impugned judgment.

4. Heard learned counsel for the parties, perused the LCR as also the impugned judgment.

5. For proving the offence punishable under S.419 of the IPC, the prosecution has examined Reader B. P. Soni (PW 1), Reader B. R. Rajwade (PW 2) and Peon Baijnath (PW 3).

6. From the statement of Reader B. P. Soni (PW 1), it appears that a miscellaneous criminal case bearing No. 564/87, State v. Bhola and four others, was pending in the Court of SDM, Ambikapur, under the preventive Chap.8 of CrPC (under S.107 and S.116(3) of CrPC) and an arrest warrant was issued against non - applicant - Karia and Vishwanath Nai. He has further stated that on 3-12-1987, non - applicant - Karia had appeared along with his surety, who had disclosed his name as Genda, s/o Manglu and had brought Rin Pustika (Bhu Adhikar Avam Rin Pustika, Part - I and II), which was in the name of Genda s/o Manglu. However, subsequently on interrogation, he (applicant) had disclosed his real name and stated that he is Ramnath s/o Parasram, whereupon the matter was reported to the Presiding Officer of the Court (SDM), who sent a written report in this regard to Police Station, Ambikapur, on which offence under S.419 of the IPC was registered against the applicant and the Rin Pustika (Bhu Adhikar Avam Rin Pustika, Part - I and II) was seized by the police from him (B. P. Soni, PW 1) in the presence of witnesses.

7. The other Reader B. R. Rajwade (PW 2) has corroborated the statement of Reader B. P. Soni (PW 1).

8. Now the question is -- whether merely on the basis of the fact that the applicant appeared in the Court of SDM with Rin Pustika (Bhu Adhikar Avam Rin Pustika, Part I and II), which was in the name of Genda s/o Manglu, and disclosed his name as Genda and subsequently, disclosed his real name, an offence under S.419 of the IPC can be said to have been committed?

9. Before proceeding further, it is necessary to reproduce S.416 of the IPC, in which cheating by personation ha