Certo Is this judgment real?
Beta, Supreme Court only. We check Supreme Court of India judgments only for now: a High Court citation reads "Not in our corpus", which never means it does not exist.

Supreme Court of India

BASHIRBHAI MOHAMEDBHAI versus THE STATE OF BOMBAY.

Decided
19 April 1960
Judges listed
SYED JAFFER IMAM (as the open data lists them; this may not name the whole bench)
Disposal
Dismissed

Citations

Official
[1960] 3 S.C.R. 554 · 1960 INSC 81
Also cited as
  • AIR 1960 SC 979 (5 citing judgments)

Learned from how other judgments cite this one, in their text or in the official Supreme Court Reports' lists of cases they refer to: each is cited this way by at least two judgments, and at least twice as often as any other citation to this judgment in that report. We hold no commercial reporter's text, only these citation strings.

Cited by

Cited in 2 other Supreme Court judgments we hold.

Counted only in the Supreme Court judgments we hold whose text we could read, not in High Court judgments. We match each citation to a judgment automatically, so a citation we cannot match is not counted. "Cited" says only that a judgment refers to this one, not whether it followed, distinguished or overruled it.

The Court's text

Paragraphs from our copy of the Supreme Court Reports print, with the Court's own paragraph numbers, the printed page and, where printed, the margin letter. The Court did not number this judgment's paragraphs, so they are listed by page. Link to paragraph N with #para-N.

SARKAR, J.-The appellant and two others were convicted by a Magistrate under s. 420 read with ss. !i l 1 and ~4 of the I nclian Penal Code and each "·as sentenced to rigorous imprisonment for 12 months and a fine of Rs. and in default: of payment, a further period of imprisonrnent for four months. On appeal the accused persons were acyuittecl by a Sessions Judge. The State then appealed to the High Court at Bombay and the High Court set aside the order of acquittal and restored the order passed by the learned Magistrate. Accused No. I alone has appealed against the order of the High Court to tbis Court.

p. 554

The three accused persons approached one Rmnanlal and the third accused tokl Ramanlal that accused Nos. 1 and 2 were proficient in duplicating currency notes and they were prepared to do it for Ramanal who should take advantage of the offer. The third accused then asked Ramanlal to think over the matter and promised to come again. Ramanlal later men-, tionecl this matter to his friend Champaklal, the complainant, and the two decided to trap the accused persons disbelieving their (professed) power to duplicate notes. The third accused again came as promised and met Ramanlal and Champaklal. Champakbl promised to find currency notes for Rs .. 20,000 for duplicating and a elate was fixed when it was lo be clone. Thereafter Ramanlal and Champaklal informed the police .. The police hid themselves -in the house of Ramanlal where it had been fixed with the accused that the duplicating would be done. The three accused arrived duly. The second accu~ed spread bottles, blank papers, etc., on a carpet and the first ,accused, the appellant, asked Champaklal to produce the currencv notes. Champaklal who was carrying a bag supposed to contain the promised currency notes worth Rs. :20,000, took out two currency notes of Rs. 100 each from the bag and gave them to the appellant. As soon as the appellant had taken the money, Champaklal gave the pre-arranged signal and the police came into the room and arrested all the accused persons. They were thereafter prosecuted for the offence of an attempt to cheat upon a complaint lodged by Cbampaklal with the result already mentioned.

pp. 554–555

Three points were argued by the learned advocate for the appellant. First, it was said that the charge was for an attempt to cheat Champaklal but there was no evidence to show that any representation had been made by anyone to Champaklal. The Courts below howewr found that such a representation had been made and we think that the finding is clearly ,;upported by the evidence on record.

p. 555

The next point taken was that there had been no attempt to commit the offence of cheating but only a prep<tration to commit that offence which was not punishable. It seems to us clear that an attempt to commit the offence had actually been made. A false representation had been made, and a stim of Rs. 200 had been obtained from Champaklal. These clearly arc acts done towards the commission of the offence within the meaning of s. 511 of the Indian Penal Code. In fact t:hc making of the false representation is one of the ingredients for an offence of cheating under s. 420 of the Indian Penal Code. So also the delivery of property is another of such ingredients. Both these ingredients took place in this case and the accused brought them about. Therefore it cannot be said that: the accused had only made a preparation and not an attempt to commit the offence.

pp. 555–556

The last point argued was that there was no attempt to cheat because the complainant had not been . deceived. It is true that the' complainant had not been taken in. He had never believed that the accused could actually duplicate currency notes. He feigned

p. 556

.. belief only in order to trap the accused. That however clearly makes no difference so far as an attempt to cheat is concerned. The accused had attempted to cheat the complainant. That they had failed in their attempt is irrelevant in considering whether they had committed the offence of attempting to cheat. This view of the matter has been accepted in the High Courts uniformally. In the Government of Brngal v. Umesh Ch11nrle1· Mitter(') it was observed that "A man may attempt to cheat, although the person he attempts to cheat is forewarned, and is therefore not cheated.'' This is clearly the right view.

p. 556

This appeal is entirely without merit and it ts ism issed.

p. 556

A jJpenl dismissed.

p. 556