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april 1960

Supreme Court of India · 1960-04-19

BASHIRBHAI MOHAMEDBHAI vs THE STATE OF BOMBAY.

Citation / case number
SC 1959/63
Court
Supreme Court of India
Petitioner
BASHIRBHAI MOHAMEDBHAI
Respondent
THE STATE OF BOMBAY.
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that an attempt to cheat under Section 511 of the Indian Penal Code can be established even if the complainant does not genuinely believe in the misrepresentations made, as long as there is an intention to deceive and an act towards committing the offence. The Court clarified that obtaining money through misrepresentation constitutes an attempt to cheat, not merely preparation. The conviction under Section 420 IPC read with Sections 511 and 34 IPC was upheld, reversing the acquittal by the Sessions Judge and restoring the Magistrate's order.

BASHIRBHAI MOHAMEDBHAI vs THE STATE OF BOMBAY. · Niyam