THE STATE OF CHHATTISGARH Vs. SHANKAR PRASAD MISHRA

JUDGEMENT

(1.) This appeal preferred by the State/Appellant is directed against the judgment dated 22.2.2001 passed in Criminal Case No.374 of 1999 by the Judicial Magistrate First Class, Dhamtari whereby the Respondent has been acquitted of the charges framed under Sections 420 , 467 , 468 , 471 of the Indian Penal Code (henceforth ' IPC ').

(2.) Facts of the case, in brief, are that Complainant Pravin Nathan (PW2) had received a notice from State Bank of India, Branch Dhamtari on 28.10.1993 from which he came to know that in his name somebody had taken a loan of Rs.5,000/- from the State Bank of India, Branch Dhamtari. He went to the concerned Branch of State Bank of India where he came to know that photograph of Respondent Shankar was affixed on the loan papers. He also came to know that it was the Respondent who had obtained the said loan in his name. A written report (Ex.P1) was lodged by Complainant Pravin Nathan on the basis of which First Information Report (Ex.P2) was registered. During investigation, loan papers were seized from the Bank. Specimen signatures of the Respondent/accused were obtained and sent for examination of handwriting expert. But, no report thereof is on record. On completion of the investigation, a charge-sheet was filed against the Respondent for offence punishable under Sections 420 , 467 , 468 and 471 IPC. Charges were framed against him under Sections 420 , 467 , 468 and 471 IPC.

(3.) To rope in the Respondent/accused, the prosecution examined as many as 8 witnesses. Statement of the Respondent was also recorded under Section 313 of the Code of Criminal Procedure (henceforth ' CrPC ') in which he denied the circumstances appearing against him, pleaded innocence and false implication. No witness has been examined in his defence.