K.M. KRISHNARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Judicature at Madras in Criminal Revision Case No. 1700 of 2004, dated 10.11.2009. By the impugned judgment and order, the High Court has confirmed the order of conviction and sentence passed by the Court of Additional District and Sessions Judge, Chennai convicting the appellant for the offence under Sections 467, 468, 471 read with Sections 468, 419 and 420 of the Indian Penal Code, 1860 (for short, "the IPC")

(2.) Brief facts of the prosecution case are:

(3.) One N. Gopalaswamy (PW-1), Manager of Union Bank suspected the demand draft and intimated the bank. He later came to know that the amount has been already withdrawn by Mr. Ramesh, proprietor of M/s.Ramesh Automobiles and Finance Consultants. PW-1 had gone to M/s. Ramesh Automobiles and Finance Consultants, along with his staff. At that time, Mr.Ramesh had identified the appellant. The appellant was caught hold of and handed over to the police on 25.03.1994. One Syed Razak, Sub-Inspector of Police (PW-6) registered a case under Sections 419, 420, 467, 468, 471 IPC read with 468 of the IPC and prepared the FIR. PW-6 then examined the appellant in the presence of Krishnamoorthy (PW-2) and N.Sankar (PW-3). The appellant gave a confession stating that he was ready to hand over the car, which was in breakdown stage. On 26.03.1994, PW-6 seized the car in presence of one Venkataraj and on the same day he also seized Rs. 9000/- from Mr. Ramesh. Further, specimen and signatures of the appellant were sent to the Forensic Sciences Department and the expert gave his report. After the completion of investigation charge-sheet was filed. The charges were framed under Sections 419, 467, 468, 471 read with Section 468 and Section 420 of the IPC to which the appellant pleaded not guilty and the case was committed to trial.