SAYYED ZUBER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals have arise out of the same judgement, therefore, they are heard analogously and are being decided by this Common judgement.

(2.) Both the appellants have been convicted for the offence under Sections 420 read with Section 120-B, 467, 468 read with Section 120-B and 471 of IPC for cheating/deceiving the complainant Rehan (PW-2) by selling a Fortuner Car bearing Engine No.1kd6448150 and Chassis No.MBJ11JV51050038870110 showing it's Registration Number as MH-04-DG-1204, while the car bearing aforesaid engine and chassis number was not registered at this number. Allegation is that they have prepared and used this fake number plate for deceiving the complainant Rehan. Vide judgement dated 29.06.2018 passed in S.T. No.471/17 by 9th ASJ, Indore, both the appellants are awarded 4-4 years R.I. with fine of Rs.5,000/- each for the offence under Section 420 read with Section 120-B, 5-5 years R.I. with fine of Rs.5,000/- each for the offence under Section 471 and 467 of IPC and 4-4 years R.I. with fine of Rs.2,000/- each for the offence under Section 468 read with Section 120-B of IPC with default stipulations.

(3.) Back ground facts sans unnecessary details of the case are that the complainant Rehan was interested to purchase a car. His neighbour Sayyed Zuber (Appellant) introduced his relative Sayyed Naved stating that he deals with pre-owned cars. Naved showed a Toyota Fortuner Maharashtra passed car bearing registration No.MH-04- DG-1204. The complainant agreed to purchase the car. Dead was done for Rs.8/ lacs, which was paid by the complainant by two cheques of Rs.1.5/- lacs each and by cash Rs.5,00,000/-. Naved handed over possession of the car to Rehan with an assurance that as soon as he will get original paper required for transfer of the vehicle from Maharashtra they will transfer the vehicle in the name of the complainant, but for next year, they did not hand over original papers to the purchaser Rehan. When he impressed upon transfer of the vehicle and seller could not give him papers, both the parties agreed to cancel the deal and to return the car and also the consideration. Rahen return possession of the car to Naved and Naved issued a cheque of Rs.8/-lacs in his favour, which later, dishonoured. The complainant approached to the police station and filed FIR on 16.03.2017 stating that by using a forged number plate, they induced him to give Rs.8/-Lacs. The police registered Crime No.02/17 under Section 406, 420, 467, 468, 471 and 120-B of IPC.