Case Note & Summary
The case involved a criminal appeal before the Supreme Court of India challenging convictions for attempt to cheat under Section 511 read with Section 420 of the Indian Penal Code, 1860, and conspiracy under Section 120B read with Section 420. The two appellants, an employee in charge of the soda lime department of a company and a supplier of lime stone, were accused of dishonestly obtaining initials on a supply chalan without actually receiving goods, thereby attempting to cause wrongful payment. The prosecution arose after a physical verification revealed that no lime stone had been received on the relevant date. The established procedure was that the supplier would bring four bags of lime stone daily and present a chalan to the employee. The employee would send the chalan to PW2 for initials, then would stamp and sign it, after which the supplier would present it for payment. On 4 March 1968, following complaints that the employee signed chalans without receiving goods, the managing director instructed PW2 to verify stock. On that day, the employee sent the chalan to PW2 through PW3; PW2 initialled it and then checked the stock, found no lime stone, and questioned the employee. The employee initially said the goods had been used, then said he might have signed by mistake. The supplier initially denied receiving any chalan or making supply, but when threatened with police produced the chalan bearing PW2's initials. The trial court convicted both accused; the High Court summarily dismissed their appeals. The core legal issue was whether the acts amounted to an attempt to cheat under Section 511 IPC or merely preparation. The appellants contended that there was only preparation and not attempt; they also raised personal defenses alleging false implication due to union activities and a dispute over payment. The State argued that the evidence established attempt because the most crucial step of obtaining PW2's initials had been completed. The Supreme Court examined Section 511 IPC and the distinction between preparation and attempt. It relied on the earlier decision in Abhayanand Mishra v. State of Bihar, which held that a person commits attempt when he intends to commit a particular offence and, having made preparations, does an act towards its commission. The act need not be the penultimate act but must be an act during the course of committing the offence. The Court noted that the provisions of Section 511 differ from English law in that it is not necessary for the transaction commenced to end in the crime if not interrupted. In the present case, sending the chalan for PW2's initials was a representation by the employee that the goods had been received. Obtaining the initials was the most important and crucial step towards cheating, even though the later steps of stamping and signing remained. Both accused had cooperated in this step. Therefore, the acts did not stop at preparation but reached the stage of attempt. The Court did not express any opinion on the conspiracy charge because there was only a single instance. Accordingly, the Supreme Court upheld the convictions under Section 511 read with Section 420 IPC and disposed of the appeals. It noted that the appellants had already suffered the sentence imposed by the trial court.
Headnote
A) Criminal Law - Attempt to Cheat - Indian Penal Code, 1860, Section 511 - Distinction between Preparation and Attempt - The accused obtained initials of PW2 on a chalan falsely representing receipt of four bags of lime stone, which was a crucial step towards cheating; the act need not be the penultimate act but must be during the course of commission; conviction under Section 511 read with Section 420 IPC upheld. Held that the accused did not stop at preparation but reached the attempt stage (Paras 1-5).
Issue of Consideration
Whether the acts of the accused amounted to an attempt to cheat under Section 511 read with Section 420 of the Indian Penal Code, 1860, or merely to preparation; and whether a conspiracy existed under Section 120B read with Section 420.
Final Decision
The Supreme Court upheld the conviction under Section 511 read with Section 420 IPC, holding that the acts of the accused did not stop at preparation but reached the stage of attempt. It did not express any opinion on the conspiracy charge. The appeals were disposed of accordingly, noting that the appellants had already suffered the sentence imposed by the trial court.
Law Points
- Attempt to commit an offence under Section 511 IPC requires intention to commit the offence and an act towards its commission after preparation
- the act need not be the penultimate act
- it must be an act during the course of committing the offence
- preparatory acts do not amount to attempt
- obtaining initials on a chalan with false representation is a crucial step towards cheating
- conspiracy under Section 120B not decided due to single instance.
