ASHA STEEL TRADERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this revision application under section 397 read with section 401 of the Code of Criminal Procedure, 1973 (for short "the Code"), the petitioner has challenged order passed below application Exh-73 in Criminal Case No.1585 of 1999 on 27.4.2010 pending in the Court of learned JMFC, Mehsana rejecting the prayer under section 216 of the Code to alter the charge of section 420 of the IPC.

(2.) According to the petitioner, he initiated proceedings under section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheque given by the respondent No.2; that during the pendency of the proceedings, one of the accused passed away and therefore, the case proceeded against the surviving accused; that on completion of recording of evidence of complainant, further statement of the accused also recorded and the matter was kept for arguments; that from the evidence, it was found that the signature on the cheque of respondent accused was not the signature made on specimen card and therefore, the cheque was issued with a view to commit offence of forgery and cheating and thereby, the respondent accused committed offence of cheating and criminal breach of trust; and hence, application was made to the trial Court to alter charge of section 420 of the IPC, but the same was rejected. Being aggrieved by the said decision, present revision application has been filed.

(3.) I have heard learned advocate Mr.Dagli for the petitioner at length and in great detail. Learned advocate Mr. Gurjar for respondent No.2 is absent.