KAPOOR CHAND MAGANLAL CHANDERIA versus DELHI STATE (ADMINISTRATION)

KAPOOR CHAND MAGANLAL CHANDERIA versus DELHI STATE (ADMINISTRATION)

The act of substituting 'permanently' for 'for three years' in the affidavit was an honest but foolish act, and there was absence of dishonest or fraudulent intention; as the Chief Controller of Imports & Exports was not cheated and the car was repatriated within the prescribed period, no useful purpose would be served by subjecting the appellant to another prosecution under s.420 read with s.511 IPC after nearly 20 years. Proceedings are quashed.

Parties
Appellant: Kapoor Chand Maganlal Chanderia; Respondent: Delhi State (Administration)
Jurisdiction
India
Judgment Date
16 April 1985
Procedural Posture
Criminal Appeal / Appeal From a Judgment and Order of Delhi High Court in Criminal Revision No. 228 of 1973
Outcome
Appeal allowed
Legal Topics
Forgery, False Declaration, Cheating, Prosecution Under Indian Penal Code
Criminal Law Forgery False Declaration Cheating Prosecution Under Indian Penal Code

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Parties

Kapoor Chand Maganlal Chanderia

Appellant

Delhi State (Administration)

Respondent

Procedural Posture

Criminal Appeal / Appeal From a Judgment and Order of Delhi High Court in Criminal Revision No. 228 of 1973

Legal Issues

  1. 1 Whether prosecution for making a false declaration and altering an affidavit for import licence is valid and permissible under s.420 read with s.511 IPC
  2. 2 Whether the act of substituting the words 'permanently' for 'for three years' in an affidavit constitutes a criminal offence

Ratio Decidendi

The act of substituting 'permanently' for 'for three years' in the affidavit was an honest but foolish act, and there was absence of dishonest or fraudulent intention; as the Chief Controller of Imports & Exports was not cheated and the car was repatriated within the prescribed period, no useful purpose would be served by subjecting the appellant to another prosecution under s.420 read with s.511 IPC after nearly 20 years. Proceedings are quashed.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Proceedings pending before Metropolitan Magistrate, Delhi are quashed