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Saiyad Ali Ebrahim Vs. State and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtGujarat High Court
Decided On
Case NumberCriminal Appeal Nos. 281, 282 and 283 of 1963
Judge
Reported inAIR1965Guj269; 1965CriLJ499
ActsIndial Penal Code (IPC), 1860 - Sections 420
AppellantSaiyad Ali Ebrahim
RespondentState and ors.
Appellant Advocate M.A. Syed, Adv.
Respondent Advocate H.N.M. Chokshi, Govt. Pleader
Excerpt:
- .....the complainants. what the companions of the accused told the complainants would not amount to a false representation . a false representation must relate to some fact that is either past or present. a statement purely affecting the future will not suffice. but the state of mind of a person may be a present fact. in this case old man has got the powers of curing all diseases . it did not relate to a past or present fact, but related to the future powers of the old man. it is, therefore, not a false representation to come within the meaning of the defining of 'cheating' . moreover, it is not false in the sense that no human being can have the power of curing all diseases. to state that a human being has the power of curing all diseases itself must be known to be an exaggeration or tall.....
Judgment:

(1) The appellant in these appeals was convicted under section 420, I. P. Code for having taken money form the complainants of the prosecution case was that some companions of the accused told the complainants that the accused cold cure diseases, that he does not take money and that he spends money on charities. After the companions told them about the accuesed, the accused himself asked the complainants to give him whatever money they had. The complainants therefore parted willingly with the money believing what was told by the companions of the accused as to the powers of the accused. The money was parted with willingly. The accused himself did not make any representation to the complainants. What the companions of the accused told the complainants would not amount to a false representation . A false representation must relate to some fact that is either past or present. A statement purely affecting the future will not suffice. But the state of mind of a person may be a present fact. In this case old man has got the powers of curing all diseases . it did not relate to a past or present fact, but related to the future powers of the old man. It is, therefore, not a false representation to come within the meaning of the defining of 'cheating' . moreover, it is not false in the sense that no human being can have the power of curing all diseases. To state that a human being has the power of curing all diseases itself must be known to be an exaggeration or tall talk. It does not therefore, amount to false representation to constitute an offence of cheating.

(2) The appeals are, therefore, allowed, and the convictions of the appellant and the sentence passed upon him in all the three appeals are set aside. Fines, if paid should be refunded.

(3) C.G/D.H.Z.

(4) Appeals allowed.

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