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july 1997

Supreme Court of India · 1997-07-24

JIBRIAL DIWAN vs STATE OF MAHARASHTRA

Citation / case number
SC 1992/79358
Court
Supreme Court of India
Petitioner
JIBRIAL DIWAN
Respondent
STATE OF MAHARASHTRA
Author
K. VENKATASWAMI M.M. PUNCHHI
Bench
K. VENKATASWAMI M.M. PUNCHHI

Judgment text excerpt

The Supreme Court held that the conviction of the appellant under Section 417, Section 471, and Section 465 IPC was erroneous as the essential ingredients of 'dishonestly' and 'fraudulently' were not established. The Court emphasized that the appellant's actions did not result in wrongful gain or loss, and thus lacked the requisite intent to defraud. Consequently, the Court acquitted the appellant, overturning the High Court's judgment.

JIBRIAL DIWAN vs STATE OF MAHARASHTRA · Niyam