SURENDER KUMAR GARG versus STATE OF UTTAR PRADESH

SURENDER KUMAR GARG versus STATE OF UTTAR PRADESH

In the peculiar facts and circumstances, conviction is maintained but sentence reduced to period already undergone, with fine imposed, upon deposit of loan amount and consideration of delay and mitigating circumstances.

Parties
Appellant: Surender Kumar Garg; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
14 May 1993
Procedural Posture
Criminal Appeal / Post Conviction; Appeal From High Court Judgment
Outcome
Appeal partly allowed; conviction maintained; sentence reduced; fine imposed.
Legal Topics
Cheating, Forgery, Sentencing, Mitigating Circumstances
Criminal Law Cheating Forgery Sentencing Mitigating Circumstances

Case Brief

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Parties

Surender Kumar Garg

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Post Conviction; Appeal From High Court Judgment

Legal Issues

  1. 1 Whether sentence should be reduced upon deposit of amount and lapse of time
  2. 2 Whether conviction under Sections 419, 420, 468, and 471 IPC should be sustained

Ratio Decidendi

In the peculiar facts and circumstances, conviction is maintained but sentence reduced to period already undergone, with fine imposed, upon deposit of loan amount and consideration of delay and mitigating circumstances.

Court Disposition

Appeal partly allowed; conviction maintained; sentence reduced; fine imposed.

Orders

  • Sentence reduced to period already undergone under Sections 419, 420, 468, and 471 IPC.
  • Appellant to pay fine of Rs. 2,000 or undergo one month rigorous imprisonment in default.