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november 1979

Supreme Court of India · 1979-11-16

AMRITLAL RATILAL MEHTA & ANR. vs STATE OF GUJARAT

Citation / case number
SC 1973/60206
Court
Supreme Court of India
Petitioner
AMRITLAL RATILAL MEHTA & ANR.
Respondent
STATE OF GUJARAT
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that the findings of fact recorded by the Sessions Judge regarding the charge under Section 477-A IPC were binding and conclusive, thus impacting the charge under Section 420 IPC. The Court clarified that the essence of the offence under Section 420 requires proof of dishonest intent, which was not established in this case. Consequently, the appeal was allowed, and the acquittal under Section 420 IPC was upheld, confirming the earlier findings of the Sessions Judge.

AMRITLAL RATILAL MEHTA & ANR. vs STATE OF GUJARAT · Niyam