Case Note & Summary
The petitioner, Jayaprakash M.R., was arrayed as accused No.3 in C.C.No.452/2019 pending before the Senior Civil Judge and JMFC at Belur, Hassan, for offences punishable under Sections 419, 420, 465 and 468 of the Indian Penal Code, 1860 (IPC). The case arose from a complaint lodged by respondent No.2, Naveen M.S.K., alleging that the petitioner and other accused had cheated him by inducing him to part with money and property through fraudulent means. The petitioner filed a discharge application before the trial court, which was rejected by order dated 23.12.2022. Aggrieved, the petitioner approached the High Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set aside the impugned order and to be discharged. The High Court heard the learned Senior Counsel for the petitioner, the learned Additional Advocate General for the State, and the learned counsel for respondent No.2. Upon examining the factual matrix, the Court noted that the allegations against the petitioner primarily pertained to his role as a witness to certain documents and that there was no specific averment that the petitioner had any dishonest intention or fraudulent misrepresentation at the time of the transaction. The Court observed that the essential ingredients of the offences of cheating and forgery were not made out against the petitioner. Consequently, the High Court allowed the petition, set aside the impugned order, and discharged the petitioner from the said offences.
Headnote
A) Criminal Procedure Code - Discharge - Section 482 CrPC - Inherent Powers - The High Court examined the correctness of the trial court's order rejecting the discharge application of accused No.3 for offences under Sections 419, 420, 465 and 468 IPC - Held that the allegations against the petitioner did not make out a prima facie case as there was no material to show that the petitioner had dishonest intention or fraudulent misrepresentation at the inception - The petition was allowed and the impugned order was set aside (Paras 1-10).
Issue of Consideration
Whether the order rejecting the discharge application of the petitioner/accused No.3 for offences under Sections 419, 420, 465 and 468 IPC is sustainable in law.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 23.12.2022, and discharged the petitioner from the offences under Sections 419, 420, 465 and 468 IPC.
Law Points
- Section 482 CrPC
- discharge
- prima facie case
- cheating
- forgery
- dishonest intention
- essential ingredients
