SUDHIR KUMAR MUKHERJEE AND SHAM LAL SHAW versus STATE OF WEST BENGAL

SUDHIR KUMAR MUKHERJEE AND SHAM LAL SHAW versus STATE OF WEST BENGAL

The acts of the appellants went beyond preparation and constituted an attempt to commit cheating under section 511 read with section 420 IPC, as the chalan indicating the receipt of goods was prepared, initialled, and the process to obtain wrongful gain was underway.

Parties
Appellant: Sudhir Kumar Mukherjee; Appellant: Sham Lal Shaw; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
24 September 1973
Procedural Posture
Criminal Appeals / Appeal by Special Leave From Judgment Dated July 15, 1969 of the Calcutta High Court in Criminal Appeals Nos. 423 and 390 of 1960
Outcome
Appeal disposed of; conviction under s. 511 read with s. 420 IPC upheld.
Legal Topics
Attempt to Commit Offence, Cheating, Distinction Between Preparation and Attempt
Criminal Law Attempt to Commit Offence Cheating Distinction Between Preparation and Attempt

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Parties

Sudhir Kumar Mukherjee

Appellant

Sham Lal Shaw

Appellant

State of West Bengal

Respondent

Procedural Posture

Criminal Appeals / Appeal by Special Leave From Judgment Dated July 15, 1969 of the Calcutta High Court in Criminal Appeals Nos. 423 and 390 of 1960

Legal Issues

  1. 1 Whether the acts of the appellants constituted only preparation or amounted to attempt to commit cheating under s. 511 read with s. 420 of the Indian Penal Code

Ratio Decidendi

The acts of the appellants went beyond preparation and constituted an attempt to commit cheating under section 511 read with section 420 IPC, as the chalan indicating the receipt of goods was prepared, initialled, and the process to obtain wrongful gain was underway.

Court Disposition

Appeal disposed of; conviction under s. 511 read with s. 420 IPC upheld.

Orders

  • Appellants have already suffered the sentence imposed by the Presidency Magistrate; no further orders are necessary.