Shivaji Rathore 08-01-2026
The Bombay High Court has ruled that driving an unregistered vehicle by affixing an old number plate does not automatically attract offences of cheating or forgery under the Indian Penal Code, holding that such conduct is punishable under the Motor Vehicles Act, 1988, and not under Sections 420 or 465 IPC.
A Division Bench comprising Justice Ranjit More and Justice Bharati Dangre granted relief to Mahesh Mehervan Havewalla, quashing criminal proceedings initiated against him for alleged cheating and forgery.
Background of the Case
The case arose from an incident dated 7 February 2019, when a traffic constable, Abasahib Mohite, intercepted the petitioner while he was driving a Nissan Sunny car bearing a registration number belonging to his old vehicle. Upon inquiry, the petitioner disclosed that: the vehicle was procured from the Customs Department, it was not yet registered, and he had temporarily affixed the number plate of his already registered old car. Based on this, an FIR was registered invoking Sections 420 (cheating) and 465 (forgery) of the IPC. After investigation, a charge-sheet was filed before the Judicial Magistrate First Class, Thane, leading the petitioner to approach the High Court by way of a writ petition.
State’s Arguments
Appearing for the State, Additional Public Prosecutor Dr. F. R. Shaikh argued that: every motor vehicle must be registered under Section 39 of the Motor Vehicles Act, 1988, using a number plate of another vehicle amounted to forgery under Section 463 IPC, and
the petitioner had deliberately created a false impression that the unregistered vehicle was legally registered.
Court’s Analysis and Findings
Rejecting the prosecution’s contention, the Court drew a clear distinction between regulatory violations and criminal offences. The Bench observed that:
driving an unregistered vehicle is an offence under Section 192 of the Motor Vehicles Act, punishable with a fine, however, forgery under Section 463 IPC requires the making of a false document with intent to cause damage, fraud, or wrongful gain.
The Court emphasized that in the present case:
the number plate used by the petitioner was genuine and already existed, it was not fabricated or fictitious, and there was no intention to deceive the public or cause wrongful loss or gain. Accordingly, the essential ingredients of forgery and cheating were not satisfied.
Key Observation by the Court
The Bench held that:
“Running a vehicle in a public place without registration is an offence under the Motor Vehicles Act… However, the act does not amount to forgery unless the basic elements under Section 463 IPC are fulfilled.”
The Court further clarified that merely affixing an existing number plate on another vehicle, without proof of fraudulent intent, cannot attract criminal liability under IPC provisions.
Final Order
Allowing the writ petition, the Bombay High Court:
quashed the criminal proceedings pending against the petitioner under Sections 420 and 465 IPC,
granted liberty to authorities to proceed under Section 192 of the Motor Vehicles Act, and
directed the petitioner to register the vehicle before using it on public roads.The seized vehicle was also ordered to be returned to the petitioner.
Legal Significance
This ruling reinforces the principle that:
not every statutory violation amounts to a criminal offence, andcourts must carefully examine mens rea and statutory ingredients before allowing prosecution under penal laws.The judgment provides clarity for law enforcement agencies on the limited scope of IPC offences in motor vehicle regulatory breaches.
Case Details
Mahesh Mehervan Havewalla v. State of Maharashtra
Writ Petition No. 1870 of 2019
