Rs 50,000 fine, criminal complaint ordered against petitioner for fraud
The Madras High Court besides imposing an exemplary cost of Rs 50,000 on a petitioner for playing fraud by inserting a page in the original sale deed and trying to achieve things, which are not admittedly due to him, has directed both the jurisdictional police and court to ensure that a criminal complaint is lodged against him and the issue is brought to a logical conclusion.
By : migrator
Update: 2017-09-28 18:24 GMT
Chennai
Justice S Vaidyanathan, on dismissing the plea, said, “Since the petitioner has completely tried to mislead the court and has taken everyone for a ride, this court is of the view that he has to be tried under IPC provisions namely Sections 193 to 196 (false evidence) and under Section 340 of the CrPC (perjury) with regard to the fraud played by him in forging the sale deed in question.”
“If the offence attracts any other penal provisions, the same can also be invoked,” the judge added. As per the case, while the petitioner T Jayaraman claimed that as per the sale deed he had purchased 1/3 share of land in S.No 141, well, 5 HP motor and pump set in service connection No.101 in 1985. But Dayalan, who had actually purchased the property in 2001, contended that Jayaraman had only purchased 15 cents of land in S.No 141 at Nedumpatti village and not the said property in question.
The Tamil Nadu Electricity Board had cancelled the name transfer of electricity connection effected in Jayaraman’s name on the basis that the documents submitted by him were found to be false. However, during the hearing, it was established that Page No 4 in the sale deed in question was inserted and that the petitioner had involved in the manipulation of records.
Justice Vaidyanathan, in his order, said, “A perusal of the said Register of Non-Testamentary Documents, the value of the stamp papers in the sale deed in question is only Rs 2, 150 whereas, the value of the stamp papers as per the original Sale Deed produced by the petitioner is Rs 2,200/-, which is due to the insertion of Rs 50 stamp paper as page No 4.
Thus, it is clear that the petitioner had taken the assistance of the same document writer to forge the sale deed and a comparison of the original sale deed with that of its certified copy clearly shows that the petitioner has played fraud.”
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