ANIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants-accused Nos.2 to 4 filed Crl.R.P.No.2301/2013, challenging the judgment of First Appellate Court in Crl.A.No.52/2004. Appellant-Accused No.1 filed revision petition No.2144/2013, challenging the judgment of First Appellate Court in Crl.A.No.23/2004. Appellant-Accused No.1 filed revision petition No.2145/2013, challenging the judgment of First Appellate Court in allowing the state appeal in Crl.A.No.52/2004, wherein extending the benefit of P.O.Act was challenged. Hence, all these three revision petitions are arising out of common judgment passed by First Appellate Court in Crl.A.No.23/2004 and Crl.A.No.52/2004, dtd. 19/2/2013 are taken for disposal by this common judgment.

(2.) Parties to the revision petitions 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 accused Nos. 1 to 4 entered into Criminal conspiracy to cheat Vijaya Bank. In pursuance of such conspiracy, accused No.1 fraudulently produced two blank demand drafts bearing Nos. 435654 and 435655 along with their advise from Vijaya Bank, Keshwapur Branch, Hubballi with help of Devidas Shetty, who was working as temporary peon in the said branch. Accused Nos. 2 and 4 have opened fictitious saving bank accounts and got encashed demand drafts. Due to above said act, accused Nos. 1 to 4 have caused wrongful loss to Vijaya Bank to the tune of Rs.2,17,800.00 and corresponding wrongful gain to themselves by their above said acts. On all these allegations investigation was carried out by investigating officer and charge sheet came to be filed for the offences punishable under Ss. 120(B), 420, 419, 468, 471 R/w. Sec. 34 of IPC. Accused No. 1 to 4 were charge sheeted on the file of JMFC II, Hubballi in CC.No.84/1993.