STATE OF MAHARASHTRA Vs. RAMCHANDRA KESHAV BHALA

JUDGEMENT

(1.) THIS appeal arises from the Judgment and Order dated 16th April, 2001 passed by the metropolitan Magistrate, 14th Court, Girgaon, Mumbai, in Case No. 15/p/1999 (4/iandr/97) acquitting the accused of the offences punishable under Sections 465, 468 and 471 read with Sections 419 and 420 IPC.

(2.) THE said Judgment and Order is inter alia impugned on the ground that the lower court failed to appreciate that the accused by putting the name and signature of PW 3 jamnadas Keshavadas Bhala and obtain ing the bona fide certificate from the School authorities, had impersonated himself as jamnadas Keshavdas Bhala and obtained his bona fide certificate. It is submitted that the act of the accused is dishonest and fraudulent and that had the accused mentioned his name in the application, the school authorities would have refused to give him the bona fide certificates.

(3.) THE brief facts of the case are that the accused who is the uncle of the complainant and brother of the complainant's father made an application (Exhibits P-4 and P-5)to the school and college authorities, respectively to obtain the bona fide students certificates in respect of his real brother PW 3 jamnadas Keshavdas Bhala. The accused applied for the said certificates in order to contradict the claim of PW 3 in the testamentary proceedings pending in this Court that PW 3 was an illiterate person. The learned Advocate for the accused in the civil proceedings called upon the complainant pw 1 Harish and his father Jamnadas to take inspection of the School Leaving Certificates as well as Jaihind College Certificate. On taking inspection, complainant's father realised that the said certificates were issued although he had not personally made any applications to the school or college authorities for the bona fide Certificates from the said school or college. On making further inquiries with the college and school authorities, it was found that the applications for bona fide certificates were made by the accused himself and that the accused had signed the applications as Jamnadas keshavdas Bhala. Hence, the said complaint. The matter was sent to the police for investigation under Section 156 (3) and chargesheet came to be filed in the court for offences under Sections 465, 468, 471 read with Sections 419 and 420 IPC.