AMAR SINGH Vs. STATE

JUDGEMENT

(1.) The present revision petition is directed against the order of the Metropolitan Magistrate dated 3.5.86 whereby the present petitioner along with others was charged to stand trial for offences punishable under Sections 419/420/468 and 471 read with Section 120B IPC.

(2.) In order to appreciate the scope of argument of the present petitioner it will be relevant to keep in mind the salient features of the prosecution case. M/s Maheshwari Electricals Manufacturers (P) Ltd., during the course of their business issued ten cheques of different amounts to their different parties on or about 7/8.11.1983. Those cheques could not reach their destination and were stolen from different letter boxes in Delhi. On enquiries, the complainant company came to know that one of the cheques for Rs. 165135 has been encashed by some person other than the one in whose name it had been drawn. Again, their bankers, i.e. Canara Bank, informed the company on 15.11.1983 that another cheque for Rs 384750, which had been issued by the complainant in favour of one Kulbir Singh, bad been presented to the State bank of India branch Madangir for encashment. The complainant and the Bank officials then started keeping a watch to know and apprehend the person who would come to get the payment of the said cheque.

(3.) It is the case of the prosecution that one Mukesh Kumar (co-accused) came to the Bank on 18.11.83 and filed a withdrawal form in the said account. He was immediately nabbed by the Bank officials and was taken to Police Station Kalkaji. The complainant also reached there and on the basis of his statement a FIR was registered. In pursuance to the disclosure statement made by Mukesh Kumar, the present petitioner Amar Singh was arrested and in pursuance to the disclosure statement of the present petitioner a third accused Charanjit Walia was also arrested by the police,