Case Note & Summary
The petitioner, Mr. Ashok Haldankar, filed a Criminal Writ Petition under Article 227 of the Constitution read with Section 482 CrPC challenging the orders of the Judicial Magistrate First Class, Panaji dated 21/11/2016 and the Additional Sessions Judge, Panaji dated 13/06/2017, which refused to discharge him for the offence punishable under Section 420 IPC. The petitioner contended that the ingredients of cheating were not made out against him. The prosecution's case was that the petitioner had represented that he had high-level contacts with politicians and senior officers and collected money from the complainant for an illegal purpose. The petitioner argued that the complainant was aware of the illegal nature of the transaction and thus could not claim to have been deceived. The High Court held that when the complainant knowingly participated in an illegal transaction, the essential element of deception under Section 420 IPC is absent. The court allowed the petition, set aside the impugned orders, and discharged the petitioner from the proceedings.
Headnote
A) Criminal Law - Cheating - Section 420 IPC - Ingredients of Offence - The court examined whether the complainant was deceived when he voluntarily paid money for an illegal purpose, knowing the transaction was illegal. Held that the complainant cannot claim to have been deceived if he was a knowing participant in an illegal transaction, as the essential element of deception is absent (Paras 2-3).
Issue of Consideration
Whether the petitioner could be discharged under Section 420 IPC when the complainant allegedly paid money for an illegal purpose and was aware of the illegality.
Final Decision
The petition is allowed. The impugned orders dated 21/11/2016 and 13/06/2017 are set aside. The petitioner is discharged from the proceedings under Section 420 IPC.
Law Points
- Ingredients of cheating under Section 420 IPC require fraudulent or dishonest inducement and delivery of property
- no deception arises when the complainant is aware of the illegal nature of the transaction
- mere receipt of money without dishonest intention does not constitute cheating
- courts must examine whether the complainant was deceived.
Case Details
2017 LawText (BOM) (04) 98
CRIMINAL WRIT PETITION NO.45 of 2018
Shri Menezes Myron D'Souza for the Petitioner, Shri M. Amonkar, Additional Public Prosecutor for the Respondents
State of Goa, The Public Prosecutor
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Nature of Litigation
Criminal writ petition challenging refusal to discharge for offence under Section 420 IPC.
Remedy Sought
Petitioner sought discharge from proceedings under Section 420 IPC.
Filing Reason
Petitioner was charged with cheating for allegedly collecting money under false pretence of having high-level contacts.
Previous Decisions
JMFC Panaji refused discharge on 21/11/2016; Additional Sessions Judge Panaji confirmed on 13/06/2017.
Issues
Whether the ingredients of Section 420 IPC are made out when the complainant was aware of the illegal nature of the transaction.
Whether the petitioner is entitled to discharge.
Submissions/Arguments
Petitioner argued that the complainant knew the transaction was illegal and thus could not claim deception.
Prosecution contended that the petitioner's representation was false and he received money.
Ratio Decidendi
Where the complainant knowingly participates in an illegal transaction, the essential element of deception under Section 420 IPC is absent, and the accused is entitled to discharge.
Judgment Excerpts
It was not the case of the prosecution against him that his representation that he had high level contacts with politicians and senior officers was false.
The learned JMFC while holding that the petitioner had received the money from the victims and was thus guilty, failed to consider that mere delivery of property/money was not sufficient to disclose culpable intention.
Procedural History
The petitioner was charged under Section 420 IPC. He filed a discharge application before the JMFC, Panaji, which was rejected on 21/11/2016. He then filed a revision under Section 397 CrPC before the Additional Sessions Judge, Panaji, which was dismissed on 13/06/2017. He then filed the present criminal writ petition under Article 227 of the Constitution read with Section 482 CrPC.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 420
- Code of Criminal Procedure, 1973 (CrPC): 397, 482
