Punjab and Haryana High Court – Conviction for Cheating under Section 420 IPC Upheld; Sentence Reduced to Period Already Undergone

Case Name: Harbans Lal v. State of Haryana

Citation: CRR No. 2345 of 2019

Date of Judgment: 7 January 2020

Bench: Justice Harnesh Singh Gill

Held: The Punjab and Haryana High Court upheld the petitioner’s conviction under Section 420 IPC for cheating in connection with sale of a plot but reduced the substantive sentence of two years’ RI to the period already undergone, considering his advanced age (75 years), ailments, and prolonged trial. The fine imposed by the trial court was maintained.

Summary: The petitioner had received ₹2,35,000/- in 1990 from the complainant for a plot in Urban Estate, Ambala, executing a receipt and a registered GPA. Later, he cancelled the GPA, thereby defrauding the complainant. Trial court convicted him under Section 420 IPC, sentencing him to two years RI and fine of ₹3,000, which was affirmed in appeal by Additional Sessions Judge, Ambala.

In revision, the petitioner did not contest the conviction but sought leniency in sentence. He argued mitigating factors: being 75 years old, suffering ailments, already undergone over six months’ custody, and facing trial for eight years. Reliance was placed on Billu v. State of Punjab (2011), Satbir v. State of Haryana (2014), and Umrao Singh v. State of Haryana (1981 SC).

The Court found conviction well-supported by evidence and affirmed it. However, applying the principle of proportionality and considering his age and circumstances, it reduced the sentence to the period already undergone while maintaining the fine.

Decision: Conviction under Section 420 IPC maintained. Sentence reduced to period already undergone. Petitioner ordered to be released forthwith if not required in any other case.