Law: Penal Code (XLV of 1860)

Section: 420, 471

(a) Penal Code (XLV of 1860) Ss. 420 & 471-Forgery--Cheat ang-Accused, secretary of a house building society, admitting having received money in respect of sale of plot standing in name of an other-Owner of plot, disowning execution of sale document-Forged document bearing forged signatures of real owner and certified by accused to bear signatures of owner-Conviction of accused under Ss. 420 & 471, Penal Code, maintained. (b) Penal Code (XLV of 1860) Ss. 420 & 471-Cheating Sentence-Substantial sentence of imprisonment passed upon accused Additional imposition of fine, held, not proper.   JUDGMENT Appellant Syed Hasan Hyder has been convicted by Mr. Mirza Arshad Beg, Additional Sessions Judge, Karachi for offences under sections 420, 467, 468 and 471, P. P. C. and sentenced to suffer R. I. for two years and to pay a fine of Rs. 500.00 or in default to suffer R. I. for two months on each count, all the sentences to run concurrently. 2. The prosecution case in brief was that the appellant was at all material times working as Secretary of U. P. Mohajrin Association (hereinafter referred to as the Association). He met complainant Shabir Ahmed P. W. 1 in the year 1960 and asked him to get a plot in the Hassan Colony (hereinafter referred to as the Colony), of which the appellant was the Secretary. The appellant promised that he would get a plot to the complainant for R. 1,050.00 and showed him plot No. 24 on the basis of which the complainant gave him Rs. 750.00 by cheque (Exh. 8) on 2-5-1963 and later Rs. 300.00 by another cheque (Exh. 10) on 8-5-1963, The appellant thereafter gave him the agreement for sale, Exh. 9, executed in his favour by one Saeed Hassan allottee of plot No. 24. This was attested by the appellant before an Oath Commissioner. The complainant was, thereafter given the allotment order, issued originally in the name of Sayed Hassan but plot No. 23 was shown therein instead of plot No. 24. The appellant explained this as being due to change in the K. D. A. plans. In May 1964 the appellant was suspended from his post and P. W. Syed Taqi Hassan Naqvi brother of the complainant took over in his place. The fraud was discovered only in…