High CourtsDivision Bench

Emperor vs Ramjan Dadubhai

Bombay High Court · Decided on 19 August 1915 · Citation: (1915) 17 BOMLR 921

HON’BLE JUDGES
Hayward, J · Batchelor, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 562 · Penal Code, 1860 (IPC) — Section 420
CASE NUMBER
Criminal Review No. 1 of 1915
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Judgment

2 paragraphs · 169 words
1.

In this case the two accused were convicted by the First Class City Magistrate of Sholapur, Mr. Poredi, under Sections 420 and 471 of the Indian Penal Code. By way of punishment the accused were merely directed to be released on their entering into bonds for Rs. 50 and one surety for Rs. 100 each to keep the peace and be of good behaviour for six months. That order was made u/s 562 of the Criminal Procedure Code. The conviction was had in October 1914, so that the bonds executed have now expired. In these circumstances, we think it unnecessary to pursue these proceedings further. But it should be pointed out to the learned Magistrate for his future guidance that Section 562 is not in terms applicable to convictions of cheating and thereby dishonestly inducing delivery of property u/s 420 or of using as genuine a forged document u/s 471 of the Indian Penal Code.

2.

With these observations the papers should be returned, the rule being discharged.