ANIL SAXENA Vs. STATE

JUDGEMENT

(1.) In spite of the second call none has appeared on behalf of the respondent No 2, Mr. S. S. Kulkarni.

(2.) Respondent no. 2 herein is an accused facing prosecution in the chargesheet filed in FIR No. 479/1999 dated 22/11/1999. The petitioner herein Mr. Anil Sexena has been shown in column no. 2 in the said chargesheet as a person who has not been sent to trial. In the charge sheet, it is stated that the petitioner and respondent no. 2 had been opened a new bank account in the name of the partnership firm M/s Millinium Education Consultants and had deposited a bankers cheque of Rs. 45 lakh drawn by the Indian Overseas Bank on 15.11.1999. This instrument was found to be forged and not issued by the said bank.

(3.) As per the chargesheet, the said offence was committed by Mr. S. S. Kulkarni. Mr. S. S. Kulkarni was summoned and thereafter charge was framed against him by the learned trial court. While arguing on the point of charge, Mr. S. S. Kulkarni had submitted that cognizance of the offence should be taken against Mr. Anil Saxena or further investigation should be directed against him. The said argument was rejected by the learned trial court in its order dated 05.08.2002. Charges were directed to be framed under Sections 420/464/467/468/471 of Indian Penal Code against Mr. S. S. Kulkarni.