VASU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petitioner/accused feeling aggrieved by the order passed by Senior Civil Judge and JMFC At. Honnavar, in C.C.No.17/2016 dtd. 10/8/2022, rejecting the discharge application filed under Sec. 239 of Cr.P.C. preferred this revision petition.

(2.) Parties to the revision petition are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 3/8/2006 complainant-Dr.Usha P Hasyagar, Primary Health Centre, Manki has filed complaint against accused alleging that on 4/3/2003 accused requested for issuance of salary certificate for the purpose of borrowing loan from Government Employees Co-Operative Society, Karwar (Hereinafter referred to as "Society") and availed loan Rs.49,000.00 The repayment of loan was to be deducted from salary of accused. Subsequently accused borrowed loan without obtaining fresh salary certificate and hence, it has created doubt. On verification of the records, she found that accused forged the salary certificates and loan application forms by forging her signature, counterfeited the Hospital seal, so also forged the signatures of C.Ws.10 and 11 for availing loan. On these allegations made in the complaint, case was registered in Manki Police Station Crime No.44/2006 for the offences punishable under Ss. 465, 468, 471, 472 , and 420 of IPC. The investigating officer after completion of investigation filed the charge sheet.