The Supreme Court of India on Tuesday held, that a bona fide purchaser of property cannot be prosecuted for offences such as cheating or forgery merely because the property is later found to be connected to a disputed or allegedly forged will.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta quashed criminal proceedings against a buyer who had been implicated in a long-standing property dispute, noting the absence of any evidence linking him to the alleged fabrication of the Will.The case stemmed from allegations that a Will dated September 12, 1988, had been forged to facilitate the transfer of land belonging to a deceased individual. Relying on this Will, the property was subsequently sold to several purchasers through registered sale deeds executed in 1998.
One such purchaser was later implicated as an accused and charged with offences including cheating, forgery, and criminal conspiracy. He moved the Madras High Court seeking quashing of the case, arguing that he had acquired the property for valid consideration after verifying the title and had no involvement in the alleged forgery.The High Court declined to interfere, observing that the matter involved disputed questions of fact that warranted a full trial.
The Supreme Court found no material whatsoever to suggest that the purchaser had participated in the preparation of the alleged forged Will or had knowledge of its purported falsity.
The Court further observed that if the Will were ultimately held to be forged, the purchasers themselves would suffer the consequences, as their title to the property would be rendered uncertain.
Referring to its earlier ruling in Mohammed Ibrahim v. State of Bihar, the Court reiterated that criminal liability for cheating arises only where there is clear evidence of deception or knowing participation in a fraudulent act.
In the absence of such evidence, the Court held that continuing criminal proceedings against the purchaser would amount to an abuse of the legal process.It therefore set aside the High Court’s order and quashed the case against the appellant.
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