GAUTAM CHAND BAID Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal under Section 341 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been preferred by the Appellants as they are aggrieved by the order dated 14.08.2003 passed by the Additional District Judge, Dhamtari in M.J.C. No. 15/03 allowing the application preferred by Respondent No. 2 under Section 340 of the Code and thereby filing criminal complaint under Section 420, 467, 468 and 471/34 of the Indian Penal Code.

(2.) Brief facts necessary for adjudication of this appeal are that the Appellants are officers of Bank of Baroda and Respondent No. 2 obtained loan from the Bank and the Bank filed recovery suit for a sum of Rs. 7,79,958.23.00 against Respondent No. 2 and others before the learned A.D.J. The suit was signed by Appellant No. 1 as power of attorney holder of the Bank whereas Appellant No. 2 was the Branch Manager at the relevant time when the stamp paper on which the Letter of Acknowledgment of Debt (for brevity 'L.A.D.') was purchased and Appellant No. 3 was the Branch Manager at Dhamtari on the date the suit was filed. Respondent No. 2 after service of notice filed an application of Annexure P/3 under Section 340 of the Code alleging therein that document No. 22 in two pages annexed with the plaint is pasted over a blank stamp paper which was purchased on 13.11.1997, however, the Appellants have made certain interpolation to show that the same was purchased on 13.11.1994 and the form of LAD. executed on 16.05.1997 has been pasted over the above forged stamp and by this act the Appellants have tried to bring the above suit within the period of limitation.

(3.) The learned A.D.J, registered the above application as M.J.C. No. 15/2003 and conducted preliminary enquiry and recorded statements of six witnesses including the statement of Respondent No. 2 and thereafter by the impugned order allowed the application and directed preparation of complaint under Section 340 of the Code for prosecution of the Appellants under Section 420, 467, 468 and 471/34 of the Code vide order of Annexure P/5. In compliance of the above order complaint of Ex. P/10 has been filed in the Court of C.J.M. Dhamtari. The above complaint is registered as criminal complaint case No. 111/2004 and charge under Section 420, 467, 468, 471/34 has been framed on 08.10.2004 by the learned C.J.M., Dhamtari.