H LANKE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed by the petitioner against the judgment of conviction and order of sentence passed by the Learned Civil Judge (Jr. Dvn.) and JMFC, Holenarasipura in C.C.No.923/2005 for having been convicted for the offences punishable under Sections 420, 468, 471, 472, 467 of IPC and sentenced to undergo imprisonment for 2 years and to pay a fine of Rs.3,000/- with default he shall undergo further simple imprisonment for one month and the same was challenged before the Fast Track and Additional Session Judge, Holenarasipura in Crl.A.No.69/2006, vide judgment dated 24.12.2009, the appeal came to be dismissed by confirming the judgment of conviction and order of sentence passed by the trial Court. Hence, this revision petition.

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

(3.) The brief facts of the case of the prosecution before the trial Court is that PW.1-Kantharaju, who was Secretary of Primary Co-Operative Agricultural and Rural Development Bank Ltd. ('the PCA and RD Bank' for short), Holenarasipura, lodged a complaint before the respondent-Police, Holenarasipura on 23.02.1998 alleging that PW.2-Mayannagowda had borrowed loan of Rs.25,600/- from the PCA and RD Bank. He was due and defaulter in repayment the said loan amount. The said PW.2-Mayannagowda again has approached the Cauvery Grameena Bank, Mudalahippe Branch by submitting a 'No Due Certificate' ('NDC' for short), issued by the accused-petitioner by forging the signature of PW.1-Kantharaju/Secretary of PCA and RD Bank, for obtaining the loan in Cauvery Grameena bank, which indicate that there was no dues to be paid by PW.2 to PCA and RD Bank. Based on the complaint of PW.1, the Police arrested the petitioner-accused and he has been charge sheeted.