LAWS(DLH)-2014-2-226

TILAK RAJ Vs. STATE

Decided On February 10, 2014
TILAK RAJ Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PETITIONER is aggrieved by the impugned judgment dated 17 th October, 2000 wherein the order passed by the Magistrate convicting the appellant Tilak Raj under Section 420 read with Section 511 of the Indian Penal Code ('IPC'), Sections 468 and 471 read with Section 511 of the said Act had been endorsed and the appeal had been dismissed.

(2.) VIDE the aforenoted impugned judgment, the appellant was sentenced to undergo RI for one year and to pay a fine of Rs.200/ - for the offence under Section 420 read with Section 511 of the IPC; for the offence under Section 468 read with Section 511 of the IPC he had been sentenced to undergo RI for one year and to pay a fine of Rs.200/ - ; for the offence under Section 471 read with Section 511 IPC he had been sentenced to undergo RI for six months.

(3.) THE prosecution examined 9 witnesses in all. PW2, Parshottam Sharma had deposed that on 10.9.1979, he had gone to the bank and withdrawn some amount; on 14.9.1979, he had gone to deposit a cheque where he was informed by the bank officials that some person had got issued a cheque book in his name and the requisite slip did not bear his signatures. He closed his account. Since this witness did not come for his cross -examination the learned Metropolitan Magistrate rightly discarded his version.