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Emperor Vs. Ramjan Dadubhai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Review No. 1 of 1915
Judge
Reported in(1915)17BOMLR921
AppellantEmperor
RespondentRamjan Dadubhai
Excerpt:
criminal procedure code (act v of 1898), section 562-first offenders-penal code (act xlv of 1860), section 420.;section 562 of the criminal procedure code is not applicable to convictions of cheating and thereby dishonestly inducing delivery of property under section 420 of the indian penal code. - - 100 each to keep the peace and be of good behaviour for six months......the first class city magistrate of sholapur, mr. poredi, under sections 420 and 471 of the indian penal code. by way of punishment the accused were merely directed to be released on their entering into bonds for rs. 50 and one surety for rs. 100 each to keep the peace and be of good behaviour for six months. that order was made under section 562 of the criminal procedure code. the conviction was had in october 1914, so that the bonds executed have now expired. in these circumstances, we think it unnecessary to pursue these proceedings further. but it should be pointed out to the learned magistrate for his future guidance that section 562 is not in terms applicable to convictions of cheating and thereby dishonestly inducing delivery of property under section 420 or of using as genuine a.....
Judgment:

1. In this case the two accused were convicted by the First Class City Magistrate of Sholapur, Mr. Poredi, under Sections 420 and 471 of the Indian Penal Code. By way of punishment the accused were merely directed to be released on their entering into bonds for Rs. 50 and one surety for Rs. 100 each to keep the peace and be of good behaviour for six months. That order was made under Section 562 of the Criminal Procedure Code. The conviction was had in October 1914, so that the bonds executed have now expired. In these circumstances, we think it unnecessary to pursue these proceedings further. But it should be pointed out to the learned Magistrate for his future guidance that Section 562 is not in terms applicable to convictions of cheating and thereby dishonestly inducing delivery of property under Section 420 or of using as genuine a forged document under Section 471 of the Indian Penal Code.

2. With these observations the papers should be returned, the rule being discharged.


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