• Impersonation for property documents by creating fake ID and returning it before FIR registration

Sir, ll explain full story in few lines. Characters are as follows Mr. A , Mr. B , Mr.C, Mr. D. 
In 1982 site was allotted to "Mr. A " by govt. Development authority it was meantioned that Mr. A should not sell his allotted property for Min. Of 10 years he should only take TITLE DEED after 10 years and then sell or rent etc.
But, he sold it to Mr. B by GPA within 10 yr. Period and broke the rules. And unfortunately it was sold to Mr. C ( note all these were within that 10 year period and without title deed ) now Mr. C aware about all these and to esc. She constructed a house and put to lease for Mr. D and collects equal amount and went to USA and she doesn't contact by any means for 20 years. 
Mr. D waits for his lease money and Mr.C then decides to obtain information he goes to govt. Development authority and asks who is the owner and details. They informed the property belongs to Mr. A and he haven't taken TITLE DEED till now. so Mr. D does impersonation and declares himself as Mr.A and takes TITLE DEED by giving fake ID's. 
Then he aware himself that its against the rule and felt himslef guilty and returned all related documents with obedience to govt. Development authority and apologizes by hearing this even govt. Development authority also forgive Mr.D by giving acknowledgement. 

After knowing Mr. C is safe all Mr. C agains flys back from USA and gives complaint against Mr.D stating that he has done impersonation etc. But govt. Development authority rejects saying that its already been submitted with guilty by Mr. D so says can't take any action against him. 
Even though Mr C goes to local police station and files complaint and force them to file FIR against him under 415, 417, 419, 420, 465, 471 and arrest him and produces to court and he goes to jail for 5 nights and comes out of bail. So my questions are 
1) what would be the judgement for this case and how many months the case will run in court. 
2) even though he has submitted before complaint or FIR with guilty how can he punished.?
3) the owner of the property currently is govt. Development authority right because Mr. A broke the rules and title deed is still with them then they must file complaint but govt. Development authority itself forgived but how can Mr. C canvtake action? 
4) can Mr. D fight case with pre guilty conscience option?
5) will he be jailed again after decision? 
MR .D is 57 YEARS OLD 
Mr. C is 68 years old.
Asked 8 years ago in Criminal Law
Religion: Hindu

7 answers received in 1 day.

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10 Answers

1) judgement is always based on the view of court and evidences produced before the court.though the highest punishment among this offences is upto 7 years under 420 but looking at the fact and scenario of case court shall either impose penalty or a minimal.punishment.

2) The authorities of governemnt were not judicial body to adjuge guilty though they were in capacity to file a complaint which was not filed seeing to the factual scenario of case so thos can as well be taken se defence.

3) the defence under this can be taken as Mr.C was himself not bonefide purchaser he has purchased the property without clear title and further leased it for personal gain but this won't be much effective as the offence are of cheating and forgery, criminal cases are always against state so Mr. C had filed the complaint though he was not bonefide himself but still for the sake he was owner at that point of time and can report offence in relation to the property he was in Indirect possession of.

4) but still there was intention and the offence was committed after that guilt or fear that is different matter offence was committed with an intention an that is enough in normal course to be punishment though based on offence and facts there can be relaxation in.punishment.

5)if court decides so based on facts and evidence before it. Court can penalise or can punish or penalise that is know totally based on condition of case also the evidence that he has deposed before the authority can be against him where he has accepted his offence.

The case is of prosecution to be proved beyond doubt that there was comission of offence.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Hi judgement is the judges discretion.

2. If he has admitted he will be definitely punished.

3. He can take action for the illegal acts.

4. Depends.

5. It can only be decided after the final order.

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

Mr D would be convicted for the offence of cheating , forgery

2)even if D has returned the original title deeds offence has been committed by him

3) MR C can file complaint

3) D can contest the legal proceedings

4) D would be convicted of the offence

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

Dear Sir/Madam,

My answers are as follows:

1) what would be the judgement for this case and how many months the case will run in court.

Ans: It is not known as to whether charge is filed, if filed, one can approach the High Court and get time bound disposal direction to the concerned court.

2) even though he has submitted before complaint or FIR with guilty how can he punished.?

Ans: His admissions cannot save him. The criminal act already over and admitted the guilt. The only thing is mercy which the court decides.

3) the owner of the property currently is govt. Development authority right because Mr. A broke the rules and title deed is still with them then they must file complaint but govt. Development authority itself forgived but how can Mr. C canvtake action?

Ans: the Govt. Development Authority has no authority cannot forgive, the power even not lies with the Court, because it is an offence against the Society.

4) can Mr. D fight case with pre guilty conscience option?

Ans: Yes, he can plead for mercy.

5) will he be jailed again after decision?

Ans: yes, no mercy on the ground of age. It is a serious offense.

Kishan Dutt Kalaskar
Advocate, Bangalore
6246 Answers
501 Consultations

Punishment for Forgery – Section 465 of Indian Penal Code:

Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.

2) Where a person cheats another by deceiving himself to be someone else, he is guilty under section 416 IPC and punished under section 419 IPC. Punishment under this section is a jail term which may extend to three year jail term along with fine.

3) case may take years to be disposed of

4) as to quantum of punishment your lawyer can request court to take a lenient view as original documents have been returned

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

The maximum imprisonment is for life in the said offences. All are penal sections leaving only on fine is difficult. Period of trial can't be computed

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

Dear Sir,

As I served in judiciary as Judge for 20 years and with my experience I can say that you should not make any mistake in admitting your guilt before the Court at any point of time. You get more benefit if the criminal case runs for more years. If you are hurry you will get imprisonment not less than 6 months. Lower Court have no power to reduce the imprisonments less then 6 months. Only fine cannot be imposed as the alleged offences are serious in nature. One thing I can suggest out of record, that you meet all the witnesses personally an bring then all or few of them over a period of 30-60 days and request to turn hostile that is to give evidence in your favor. Then Court will have choice except to acquit you. Or else after judgment you have to approach the High Court or now itself you can approach the High Court and take a chance.

Kishan Dutt Kalaskar
Advocate, Bangalore
6246 Answers
501 Consultations

So my questions are

1) what would be the judgement for this case and how many months the case will run in court.

Since it is a criminal complaint and there are documentary evidences for the occurrence of crime, the accused may be convicted by court. If the case is taken up for trial by the court, it may be disposed within a year.

2) even though he has submitted before complaint or FIR with guilty how can he punished.?

He cannot deny of having committed the crime hence this becomes admission of committing the offence, he will be punished as per law.

3) the owner of the property currently is govt. Development authority right because Mr. A broke the rules and title deed is still with them then they must file complaint but govt. Development authority itself forgived but how can Mr. C canvtake action?

As per rule, A should not sell the property, he has just given power of attorney deed to B, hence it cannot be considered as sale of property within the stipulated time.

POA is not a title document, however based on the POA deed, B has sold the property which is illegal and invalid, therefore A can be held guilty and considered to have breached the conditions or agreement.

4) can Mr. D fight case with pre guilty conscience option?

D has no grounds for defence since all the documentary evidences are against him.

5) will he be jailed again after decision?

If he is convicted then he may be sentenced to undergo imprisonment as per provisions of law

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

Please let me know what would be the imprisonment period.? Or can it be fulfilled by paying fine?

IPC 419: Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

IPC 420: Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

465 Imprisonment of two years or fine or both

471 punishment at the discretion of magistrate since it is bailable offence.

How many months it will take to give judgement? Case is filed on march 1st. ?

Once the police is filing charge sheet, the court will conduct trial and may pass judgment within a year provided the prevailing circumstances are conducive.

What is request of mercy? and what would be the punishment if he accepts with obedience and requests judge for penalty will judge accepts?

The court may sympathise and reduce the quantum of punishment at discretion if he pleads guilty and seeks mercy

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

The case will take time to reach to judgement.

Also the decision in criminal case are based on evidences so really sorry cannot tell based on what hon'ble court decides.

Mercy is different thing you can plead guilty than also it's on the court to decide .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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