Legal provisions regarding Fraudulently obtaining decree for sum not due under section 210 of Indian Penal Code, 1860.
Fraudulently obtaining decree for sum not due:
“Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
ADVERTISEMENTS:
The points requiring proof under Section 210 are:
(i) The accused obtained the decree or order, or permitted or suffered the same to be done in his name;
(ii) The decree or order was for a sum not due, or for a larger sum than was due, or for any property or interest in property to which the accused was not entitled;
Image Source: 185.26.182.219
ADVERTISEMENTS:
(iii) Or the accused fraudulently caused a decree or order to be executed against any person after it had been satisfied, or for anything in respect of which it had been satisfied;
(iv) Or that the accused permitted suffered acts to be done in his name;
(v) The accused did the acts fraudulently.
No prosecution can be validly instituted under Section 210 without the previous complaint of the court. The offence under Section 210 is non-cognizable, but warrant may issue. It is bailable, but not compoundable, and it is triable by a Magistrate of the first class.