DWIJENDRA SHIRISHBHAI MANEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant Dwijendra Shirishbhai Manek-original accused No, 2 has challenged the judgment and order of conviction passed by the learned Additional Sessions Judge, Fast Track Court, Rajkot in Sessions Case No. 138 of 2001 on 6-8-2002 convicting this appellant for the offences punishable under Secs. 419, 465, 467, 468, 471 and 489A and 489B of Indian Penal Code, and directing him to undergo imprisonment of two years for the offences punishable under Secs. 467, 468, 471, 489A and 489B of Indian Penal Code and to pay a fine of Rs. 5,0007- for each of the offences and in default thereof to undergo imprisonment of one year for each of the offences. The sentences of imprisonment were ordered to run concurrently.

(2.) According to the prosecution case, the appellant-original accused No. 2 cheated the complainant by pretending himself as 'Ramakant Joshi' inducing the complaint to deliver in all 211 pieces of various models of Jonty Quartz Watches and gave a stolen demand draft dated 5-8-2000 for Rs. 1,66,640/- drawn on State Bank of India, Godhra Branch against the purchase of the watches. The appellant-accused with co-accused in criminal conspiracy forged valuable security and committed forgery by using the said forged documents as genuine and kept the forged bank-note with an intention to use the same as genuine and used the stolen demand draft, forged the signatures and seals.

(3.) On the basis of complaint-Exh. 12 filed by the complainant Narendra Shamji Ramani before Rajkot 'A' Division Police Station. Offence was registered as Crime Register I No. 295 of 2000 and investigation was started. The appellant-accused was arrested along with the other co-accused on 2-9-2000.