Section 471 ipc. First conviction after SC verdict,Rashid Masood set to lose MP seat. 2022-10-14

First conviction after SC verdict,Rashid Masood set to lose MP seat

ADVERTISEMENTS: Where the accused was convicted of having forged a lottery ticket but it could not be established that he was instrumental in the act of the forgery or that he knew that the ticket was forged when he presented the same to claim the price, his conviction was liable to be set aside. Section 470, 471, 472, 473 and 474 of Indian Penal Code 1860 Forgery document, using forgery document as genuine, making or possessing counterfeit seal etc, are defined under Section 470, 471, 472, 473and 474 of Indian Penal Code 1860. The decision in Rumi Dhar supra relied upon by the High Court, was sought to be distinguished by submitting that in that case the provisions of the Prevention of Corruption Act, 1988 had been invoked; the Bank had to file a suit for recovery of the amount due to it and the Revision Petition filed against framing of charge against the accused in that case had also been dismissed, which is not the case here. We are of the opinion that Nikhil Merchant supra as also the other two judgments relied upon on behalf of the appellant are clearly distinguishable on facts. Section 464 A deals with whoever makes a false document or an electronic record.

IPC 471 Section of Indian Penal Code

Using as genuine a forged documentor electronic record. While researching on the topic of forgery, I noticed that all the offenses relating to forgery are triable by First Class Magistrate. . Founder and Editor: Dr. Besides Masood,the court has convicted on similar counts former top bureaucrats Gurdial Singh and retired IAS official Amal Kumar Roy,the then secretary of Tripura Chief Minister Sudhir Ranjan Majumdar,in six and five similar cases respectively. He was directed to appear before the trial court. In the instant case, the disputes between the Company and the Bank have been set at rest on the basis of the compromise arrived at by them whereunder the dues of the Bank have been cleared and the Bank does not appear to have any further claim against the Company.

26 U.S. Code § 471

Section 472 deals with making or possessing counterfeit seals, etc. The intention of law makers is clear that these provisions are aimed against the person who has used the forged document as a genuine document. Joshi case and the compromise arrived at between the Company and the Bank as also Clause 11 of the consent terms filed in the suit filed by the Bank, we are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile exercise. The provisions under which Masood has been convicted attract imprisonment upto seven years. I am bound by the aforesaid judgment and in view of said judgment constraint to hold that the charge against the applicant under Section 467 of the IPC is not sustainable. It may be tried by a First Class Magistrate.

IPC Section 499. Defamation

. The probe agency had also told the court that Singh and Masood also fraudulently issued nomination letter in favour of Sachidanand by using prescribed performa of Directorate of Health Services,Government of Tripura under his seal and signature. What is Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine? Accordingly, the petition was allowed and the order of framing of charges against the Petitioner was quashed. It was also supposed that accused no. ADVERTISEMENTS: The offender can be convicted under this section only when he has fraudulent or dishonest intention and with such intention he uses any document or electronic record as genuine when he knows the same to be forged or when he has reason to believe that document or electronic record to be a forged document or electronic record under the Indian Penal Code. It has been further observed that the inherent powers should not be exercised to stifle a legitimate prosecution. The Court came to the conclusion that it was a fit case where it should exercise its powers under Article 142 of the Constitution.

Ins And Outs Of Section 471 IPC

In the final analysis, we hold that merely because the dues of the bank have been paid up, the appellant cannot be exonerated from the criminal liability. The writing must have legal significance. Having been trained and mentored by some of best lawyers, he brings a unique perspective and varied experience to his practice. Explanation 2 It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 1 It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Section 471 of Indian Penal Code, 1860

Nine students who had fraudulently got admission in the medical colleges have also been convicted for cheating. Forging a passport and using it as genuine to gain entry into India is punishable under sections 467 and 471 of the Code. He was,however,acquitted of section 471 IPC using as genuine a forged document. The Trial Court shall now proceed with the case as expeditiously as possible without being influenced by any observations made by the High Court or in this judgment on the merits of the Chargesheet. Aggrieved, the Petitioner filed the revision petition against the order of framing of charges. Citation : SUSHIL SURI VERSUS C.

What IPC 471?

The objective of 504 IPC section is to prevent the intentional use of abusive language amounting to insult, giving rise to provocations causing the person against whom such words are used to commit breach of peace. Therefore, the Chargesheet against him cannot be quashed. Section 473 of Indian Penal Code. Whereas section 473 deals with the same offense as section 472. Where the explanation on the part of the accused as to how a forged cheque came into his possession was false, it cannot be used to his detriment, all the more so where there is no satisfactory evidence to this effect that he knew or had reason to believe the cheque to be forged, because the prosecution is under duty to prove the case against the accused. We feel that at this preliminary stage of proceedings, it would neither be desirable nor proper to return a final finding as to whether the essential ingredients of the said Sections are satisfied.

Sections 120B, 420, 409, 468 and 471 of the Indian Penal Code, 1860

If the forgery is of a promissory note of Central Government, it is cognizable. It was asserted that full amount in question having been paid to the Bank, there was no monetary loss to the Bank and, therefore, continuation of criminal proceedings against all the accused, including the appellant, would not only be an exercise in futility but an abuse of the process of law as well. Explanation 3 An imputation in the form of an alternative or expressed ironically, may amount to defamation. Section 474 of Indian Penal Code. .

IPC 470, 471, 472, 473, 474 Indian Penal Code

The allegation under the Chargesheet was that the accused persons had conspired with each other in fraudulently diverting the funds of the Bank. Having examined the case in light of the allegations in the Chargesheet, we are of the opinion that the view taken by the High Court in the matter cannot be flawed and deserves to be affirmed. Any reference to any advocate on this website does not constitute a referral or endorsement, nor does it constitute an advertisement. Relying on the decision of this Court in Sajjan Kumar Vs. . . Sanjay Malik and Bipin Kakkar, for other undisclosed non-business purposes.

Section 471 ipc. Ins And Outs Of Section 471 IPC 2022-10-14