POKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed by the sole accused in C.C.No.1325/2006 challenging the judgment and order of conviction and sentence dtd. 1/6/2007 passed by the Court of Principal Civil Judge (Jr.Dn.) & JMFC, Madikeri, (for short the 'Trial Court') which has been confirmed in Criminal Appeal No.48/2007 by the I Additional District & Sessions Judge, Kodagu at Madikeri (for short, the 'Appellate Court') vide judgment and order dtd. 7/3/2014.

(2.) Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

(3.) Brief facts of the case are, accused-petitioner herein stood as a surety for accused no.2-Sulaiman in C.C.No.1642/2004 which was pending before the Principal Civil Judge (Jr.Dn.) & JMFC, Madikeri, impersonating one K M Latheef and also had produced the RTC extracts of the lands belonging to the said K M Latheef before the Court. Since accused no.2 -Sulaiman had remained absent in C.C.No.1642/2004, non-bailable warrant was issued against him, and thereafter notice to the surety was also issued. Upon service of notice, surety K M Latheef appeared before the Trial Court and brought to the notice of the learned Magistrate that he had never stood as surety to accused no.2 - Sulaiman and he identified the photograph affixed to the surety affidavit as of the petitioner herein. Therefore, a complaint was lodged against the petitioner for the offences punishable under Ss. 418 & 419 IPC and after investigation, charge sheet was filed for the alleged offences against the petitioner and the case was registered in C.C.No.1095/2006. In the said proceedings, the petitioner was convicted for the offences punishable under Ss. 418 and 419 IPC and he was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000.00, and in default, to undergo rigorous imprisonment for a period of six months for each of the alleged offences. The said judgment and order of conviction and sentence passed by the Trial Court was affirmed by the Appellate Court in Crl.A.No.48/2007 and it is in this background, the petitioner has approached this Court in this criminal revision petition.