N. DEVINDRAPPA versus STATE OF KARNATAKA

N. DEVINDRAPPA versus STATE OF KARNATAKA

The appellant dishonestly induced the complainant to pay Rs.2,000 as advance for a plot, knowing he was not the owner and deceived not only the complainant but several others. The evidence of the complainant, corroborated by documents and expert testimony, establishes the offence under Section 420 IPC. There was dishonest intention and the courts below have correctly found facts based on evidence. The conviction is affirmed.

Parties
Appellant: N. Devindrappa; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
07 May 2007
Procedural Posture
Criminal Appeal / Final Appeal Decision
Outcome
Appeal dismissed; conviction under Section 420 IPC upheld; sentence modified to six months simple imprisonment and Rs.2,000 fine, and in default two months further simple imprisonment.
Legal Topics
Cheating, Section 420 IPC, Dishonest Inducement

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Parties

N. Devindrappa

Appellant

State of Karnataka

Respondent

Procedural Posture

Criminal Appeal / Final Appeal Decision

  1. 1 Whether the appellant dishonestly induced the complainant to pay him money promising a plot allotment, thus committing the offence under Section 420 IPC.

Ratio Decidendi

The appellant dishonestly induced the complainant to pay Rs.2,000 as advance for a plot, knowing he was not the owner and deceived not only the complainant but several others. The evidence of the complainant, corroborated by documents and expert testimony, establishes the offence under Section 420 IPC. There was dishonest intention and the courts below have correctly found facts based on evidence. The conviction is affirmed.

Court Disposition

Appeal dismissed; conviction under Section 420 IPC upheld; sentence modified to six months simple imprisonment and Rs.2,000 fine, and in default two months further simple imprisonment.

Orders

  • Appellant to undergo six months simple imprisonment.
  • Appellant to pay a fine of Rs.2,000.