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BASHIRBHAI MOHAMEDBHAI v. THE STATE OF BOMBAY.

Supreme Court of India | Diary 63/1959

Status

Judgment

Decided On

1960-04-19

Bench

SARKAR, A.K.

Petitioner

BASHIRBHAI MOHAMEDBHAI

Respondent

THE STATE OF BOMBAY.

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Full Judgment Text

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PETITIONER: BASHIRBHAI MOHAMEDBHAI

Vs.

RESPONDENT: THE STATE OF BOMBAY.

DATE OF JUDGMENT: 19/04/1960

BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. IMAM, SYED JAFFER

CITATION: 1960 AIR 979 1960 SCR (3) 554

ACT: Criminal Law-Attempt to commit offence-Attempt to cheat The complainant whether must be deceived--Indian Penal Code, (XLV of 1860), s. 511.

HEADNOTE: The offence of attempting to cheat may be committed even though the person attempted to be cheated does not believe in the representations made to him and is not misled by them but only feigned belief in order to trap the offender. Where misrepresentations had been made and money obtained from the persons sought to be cheated by the misrepresenta- tions, there is an attempt to cheat and not merely a preparation for committing that offence.

JUDGMENT: CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 55 of 1955. Appeal by special leave from the judgment and order dated August 26, 1957, of the Bombay High Court in Criminal Appeal No. 1208 of 1955, arising out of the judgment and order dated March 31, 1955, of the Sessions Judge, Baroda, in Criminal Appeal No. 13 of 1955. M. K Ramamurthi and J. B. Dadachanji, for the appellant. R.Ganapathy Iyer and R. H. Dhebar, for the respondent. 1960. April 19. The Judgment of...

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