S.Jerald Hendry Kumar @ Raja Vs State Rep.by — Cheating and Forgery | Madras HC (2025)

S.Jerald Hendry Kumar @ Raja Vs State Rep.by — Cheating and Forgery | Madras HC (2025)

What the court decided

AI extract

Outcome

Crl.R.C.No.104 of 2021 (A1) dismissed — conviction and sentence confirmed. Crl.R.C.No.719 of 2020 (A3) allowed — judgment in C.C.No.265 of 2011 dated 29.01.2019 and its confirmation in Crl.A.No.60 of 2019 dated 26.06.2020 set aside; A3 (B.Gunasekaran) acquitted from all charges.

Issue for consideration

Whether the conviction and sentence of A1 (S.Jerald Hendry Kumar @ Raja) under Sections 120(B), 406 and 420 IPC, confirmed by the I Additional District Sessions Judge, Coimbatore on 26.06.2020, should be set aside in revision. +1 more

Court's answer

A1 collected the parent document Ex.P2 from PW2 and set up A2 to execute a forged power of attorney by impersonation, handing over the original document to A2 to further deal with the property, thereby creating encumbrance; A2's impersonation was confirmed by SRO identification with the photograph, difference in father's name, and the forensic and fingerprint experts.

Ratio / Principle

Both the Courts below rightly convicted A1 by a well-reasoned judgment; this Court finds no reason to interfere, and Crl.R.C.No.104 of 2021 stands dismissed.

Key takeaways

The delay of almost more than a year (document collected in January 2008, no request for return until 2009, no notice or written communication) does not affect the foundational fact and the root of the case.ratio¶90
PW16 and PW6 are absolved of any criminality: PW16 repaid the amount to PW6 and PW6 handed over all documents, confirming their transactions were genuine and they took no part in forgery or creation of forged documents.ratio¶94
There is no evidence of the alleged conspiracy hatched in A3's house — nothing to show when the meeting of mind occurred, who saw all the accused together, or what the conspiracy was; no direct or indirect evidence and nothing to infer.

Detailed headnote1 paragraphs

Criminal Revision (Ss.397/401 CrPC) — Cheating, criminal breach of trust, forgery and impersonation through power of attorney — Common order on two revisions against concurrent conviction in C.C.No.265 of 2011 (Crime No.89 of 2009, Coimbatore City Crime Branch). (i) Conviction of A1 under Ss.120(B), 406, 420 IPC UPHELD: A1 obtained the parent title deed Ex.P2 from PW2 (complainant's wife) ostensibly to arrange a loan, then set up A2, who impersonated the owner and executed power of attorney Ex.P3 (Doc.No.2335 of 2008) followed by sale deeds creating encumbrance; impersonation established by SRO identification against the photograph, discrepancy in father's name, and forensic/fingerprint expert evidence; delay of over a year in demanding return of the document does not affect the foundational fact; purchasers PW16/PW6 held genuine since PW16 repaid Rs.8.4 Lakhs to PW6 in compromise of O.S.No.614 of 2014. (ii) Conviction of A3 under Ss.120(b), 419/467/471 r/w 120(B) IPC SET ASIDE: no evidence of any conspiracy meeting in his house (no time, witnesses, or content of meeting of mind), A3 neither executed nor signed any document, only presence outside the SRO office shown; A3 stands on a better footing than PW12, an attesting witness to the forged documents examined for the prosecution; parity with co-accused A4, similarly placed, who was acquitted. Crl.R.C.No.104 of 2021 dismissed; Crl.R.C.No.719 of 2020 allowed and A3 acquitted of all charges.

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment dated 26.06.2020 of the learned I Additional District Sessions Judge, Coimbatore dismissing the first appeals (C.A.No.72 of 2019 of A1; C.A.No.60 of 2019 referenced in the prayer of Crl.R.C.No.719 of 2020) and confirming the Trial Court's conviction and sentence in C.C.No.265 of 2011 dated 29.01.2019.¶30
I Additional District Sessions Court, Coimbatore · 26.06.2020
Prior proceeding
Complaint dated 28.10.2009 by the defacto complainant/PW1; case registered as Crime No.89 of 2009, City Crime Branch, Coimbatore, under Sections 120B, 467, 471 & 420 IPC.¶76
Prior proceeding
A1 (Jerald Henry), A2 (Wilsonraja), A3 (Gunasekaran) and A4 (Selvakumar) arrested on various dates; confession statements recorded; accused produced before the Judicial Magistrate No.III, Coimbatore for remand.¶81
Prior proceeding
Charge sheet filed on 27.06.2011 against five accused after completion of investigation.¶81
Prior proceeding
Since summons could not be served on Prabhu Chander and A2/Raja alias Wilson Raja, the case against those two accused was split up and renumbered as C.C.No.119 of 2017.¶81
Prior proceeding
The case against Prabhu Chander/A5 was further separated and renumbered as C.C.No.253/2017.¶81
Prior proceeding
On 17.07.2017, C.C.No.265 of 2011 and C.C.No.119 of 2017 were clubbed together to avoid procedural confusion and facilitate examination of witnesses.¶81
Prior proceeding
Charges framed against Accused Nos.1, 3 and 4 under Sections 120(B), 419, 467 and 471 IPC.¶81
Prior proceeding
During trial, 19 witnesses examined, 35 exhibits marked, no material objects produced by prosecution; no witness examined or documents marked by defence.¶81
Prior proceeding
Trial Court (Judicial Magistrate No.III, Coimbatore) by judgment dated 29.01.2019 in C.C.No.265 of 2011 convicted A1 under Sections 120(B), 406 and 420 IPC with three years rigorous imprisonment and Rs.5,000/- fine per offence (default nine months simple imprisonment each).¶28
Prior proceeding
Same judgment convicted A3 under Sections 120(b), 419 r/w. 120(B), 467 r/w. 120(B), 471 r/w. 120(B) IPC with three years rigorous imprisonment and Rs.5,000/- fine per offence (default nine months simple imprisonment each).¶29
Prior proceeding
First appeals dismissed on 26.06.2020 by the I Additional District Sessions Judge, Coimbatore, confirming conviction and sentence; whereupon the present criminal revision petitions were filed.¶30