Delhi HC Suspends Sentence, Says Acquittal on Cheating and Forgery Weakens Conviction Under Section 409 IPC

The Delhi High Court suspended the sentence of a company director convicted for criminal breach of trust under Section 409 IPC, holding that his acquittal on cheating and forgery charges undermined the basis of the conviction.

The Court noted that the allegation of siphoning funds was founded on forged bills and fabricated board resolutions, which the trial court had found unproven.

It held that once cheating an.d forgery were not established, the substratum for the offence under Section 409 IPC was weakened.

Considering the fixed sentence of four years and delay in disposal of the appeal, the Court granted suspension of sentence.

[Sumeet Suri v. State]