SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Section 439 of the Cr.P.C.

(2.) The applicants herein are the accused Nos.1 and 3 in Crime No.685 of 2019 registered at the Thrissur Town West Police Station on 25.09.2019 under Sections 468, 471, 420 r/w. Section 34 of the IPC on the basis of a complaint lodged by the Manager, State Bank of India, Civil Station Branch, Thrissur.

(3.) The records which are made available reveal that, on 25.09.2019, at 3 pm, the 1st accused in the aforesaid Crime, who is the applicant in B.A. No.7407 of 2019, along with the 2 nd accused one Mahesh, presented before the de facto complainant two cheques and requested that the amounts be transferred to the account of Kadan Stores, of which the 1st accused was the proprietor. One of the cheques was drawn in the name of APJ Surendra Services Limited and was for a sum of Rs.7 Lakhs. The second cheque was drawn in favour of Mahabir Tea Estate and the cheque carried a sum of Rs.47.20 lakhs. The cheques were presented by the 1st accused with a pay-in slip. The Bank Manager noticed certain discrepancies in the slip. He proceeded to conduct an ultra violet test which confirmed that the cheques were fake. He conducted an inquiry with the drawer and realised that the cheques presented before the nationalised Bank have not been issued by the respective drawer.