S RAVICHANDRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner was convicted under Ss.419 and 468 of the Indian Penal Code. He was sentenced to undergo imprisonment for different periods and also pay fine under the aforesaid Sections. An appeal filed by the accused was dismissed by the learned Sessions Judge, Madikeri. THE conviction and sentence under the said sections passed by the Trial Court was affirmed. Challenging the same, the accused has filed this Criminal Revision Petition.

(2.) ACCORDING to the prosecution, the petitioner altered a demand draft bearing No.275042, dated 11.7.1995, from Rs.10/- to Rs.10,00,000/- issued by State Bank of Mysore, Hassan and presented the same for encashment in his S.B. A/c No.RP-30/5945 at State Bank of India, Madikeri. It was alleged that the petitioner forged the signatures of bank officials with an intention of cheating and receiving the said sum at State Bank of India, Madikeri. Complaint having been filed, Madikeri Police registered case, conducted investigation and filed the charge sheet against the petitioner-accused for the offences punishable under Ss.419, 420 and 468 IPC. Charges were framed and put to the accused. He denied the charges and claimed trial. The prosecution examined PWs.1 to 18 and marked Exs.P1 to P51 and MOs.1 to 3. Considering the rival contentions and the record, learned Trial Judge found the accused guilty of the offences under Ss.419 and 468 of IPC, passed Judgment of conviction and imposed sentence.

(3.) IT is trite that, mis-joinder of charges is not an illegality, but an irregularity curable under S.464 or S.465 Cr.P.C., provided no failure of justice had occasioned thereby. Whether or not, the failure of justice had occasioned thereby, it is the duty of the Court to see, whether an accused had a fair trial, whether he knew what he was being tried for, whether the main facts sought to be established against him were explained to him fairly and clearly and whether he was given a full and fair chance to defend himself.