N MANI Vs. STATE BY DEPUTY SUPERINTENDENT

JUDGEMENT

(1.) THE first accused is the petitioner herein. The revision is filed against his conviction and sentence for the offences under Sections 419 (1 count), 420, 467, 468, 471 r/w 467 IPC passed by the trial court and confirmed by the appellate court.

(2.) THE accused along with three others was charged for the offences referred to above as if the accused, who was during the relevant point of time, employed as driver in Kilpauk Medical College and Hospital, along with three others by names Ganesan, who was the employee of State Bank of India, Treasury Bank, Chennai, Ramachandran and Rajendran, conspired together to commit an act of forgery and cheating and in continuation of such conspiracy, Ganesan stolen three cheques in question and handed over the same to Rajendran who inturn handed it over to Ramachandran, from whom the accused Mani received and altered the date and payee names and presented the same in the banks as genuine and encashed it through the accounts opened in MCC bank in different fictitious names and encashed the cheque amounts and misappropriated the amounts to the tune of Rs.1,72,423/-, Rs.2,60,575/- and Rs.2,12,080/- under all the cheques respectively, thereby committed the acts constituting the offences as referred to above.

(3.) THE trial court, on the basis of the oral evidence of the witnesses and their identification of the accused A1 in the identification parade and by mainly relying upon Ex.P15 and Ex.P16 handwriting expert report along with reasoning, found the first accused guilty of the offences and acquitted the second accused. Aggrieved against the same, A1 Mani preferred C.A.No.257 of 2004 and the appellate court accepted the findings and reasonings of the trial court and confirmed the judgment of conviction and sentence of the trial court. Hence, this criminal revision by A1 before this Court.