Judgment Update: Key Correction Clarifies Legal Standing in R.C.C. No. 3569 of 2022.


14 October 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law  

In a recent update, the Registry has initiated an application for a "Speaking to the Minutes" regarding the judgment dated August 28, 2024. This application seeks to rectify a typographical error found in paragraph 17 of the judgment.

The original text mistakenly referred to “C.R.No.350 of 2022,” when it should have cited “R.C.C. No. 3569 of 2022.” Following this correction, paragraph 17 now accurately reads:

 
 

“17) Considering the factual matrix and the settled law, a prima facie reading of the FIR does not disclose the commission of a cognizable offence of ‘cheating’. According to us, the perusal of the first information report does not reveal any cognizable offence, particularly under Section 420 of the IPC. At best, offences under Sections 417, 418, and 500 of the IPC can be said to have been made out against the Applicants. These three Sections are non-cognizable in nature; therefore, the criminal proceedings initiated by the prosecution culminating in R.C.C. No. 3569 of 2022 do not survive and are accordingly quashed and set aside.”

With this correction, the judgment clarifies the legal standing regarding the alleged offences and reinforces the conclusion that the prosecution's claims were unfounded.

The corrected version of the judgment will be uploaded to the official website of the High Court of Bombay, ensuring that all legal documents reflect the accurate information. This step underscores the importance of precision in legal documentation and the judicial process.