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october 1969

Supreme Court of India · 1969-10-15

HARI SAO AND ANR. vs STATE OF BIHAR

Citation / case number
SC 1966/60024
Court
Supreme Court of India
Petitioner
HARI SAO AND ANR.
Respondent
STATE OF BIHAR
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that the appellants, who misrepresented the contents of a railway consignment receipt, did not commit cheating under Section 415 IPC as the railway did not incur any additional liability or risk based on the false representation. The Court clarified that the railway's issuance of the receipt, which described the goods as 'allegedly containing' a certain quantity, did not imply acceptance of the goods' nature or weight. Consequently, the appeal was allowed, and the conviction was set aside as no harm or damage to the railway was established under Sections 73 and 74 of the Indian Railways Act.

HARI SAO AND ANR. vs STATE OF BIHAR · Niyam