Case Summary : ASHOK KUMAR VS STATE

ASHOK KUMAR VS STATE

Author : Akash Krishnan

Citation: CRL.REV.P. 70/2020

Bench: HON’BLE MR. JUSTICE MANOJ KUMAR OHRI

INTRODUCTION

Section 420 of the Indian Penal Code deals with the offence of Cheating and inducing a person dishonestly to make delivery of a property.  Any person who dishonestly cheats and induces another person to deliver a property or destroy a property or destroy the value of a property which could be turned into a Security shall be held liable for a punishment of imprisonment up-to 7 years or fine or both.

Section 468 of the Code deals with Forgery for the purpose of cheating and Section 471 deals with using a forged document as a genuine one. Any person who forges a document and with the intention of cheating, dishonestly used the forged document as a genuine one thereby making a false representation shall be held liable for imprisonment for 7 years or fine or both.

Sections 34 and 120B deal with the notion fo criminal conspiracy and its punishment. When a group of individuals come together with the intention of performing an illegal act or illegal omission causing harm or injury to someone, criminal conspiracy is said to exist. The following case deals with these provisions

FACTS

The complainant herein was looking to purchase a land. In furtherance of the same, he was approached by both the Accused who offered an agricultural land for sale. The same was claimed by them to be free of all encumbrances and hurdle and that the property had a proper title. The papers showed the property to be in the name of one Mrs. Sandhya. The accused claimed that, they will be transferring the title directly from the Proprietor to the name of the Petitioner. The total cost was estimated around one crore seventy lakhs for which an advance of thirty-four lakhs was paid by the petitioner.

Thereafter he approached Mrs. Sandhya who denied the transaction and stated that the property was already sold to a third party. It was then understood that the accused had cheated them. Along with them, the petitioner also stated that they had previously cheated another individual on the basis of the same property for 4 crores.

ISSUE

Whether the accused is liable for the offence of Criminal Conspiracy, cheating and forgery?

JUDGEMENT

The court came to the conclusion that the accused had used an agreement, the knowledge of which did not vest with the maker of the agreement. They carried on the transactions without her knowledge or permission. Thus, they are conspirators in the present case and a charge of criminal conspiracy is held valid.

The Accused time and again presented with documents for verification which were forged in the name and sign of people who did not have any knowledge about it. Thus, the offence of Cheating and forgery are also valid and the accused shall be held guilty of the same.