RAM KESH PATEL Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offences punishable under Sections 467 & 468 of IPC vide judgment dated 9.1.2001 passed by the learned Judicial Magistrate First Class (Shri Deepesh Tiwari), Beohari in criminal case no.259/90 and sentenced for two years R.I. with fine of Rs. 500/- and one year imprisonment with fine of Rs. 400/-. In criminal appeal no.15/01, the learned Additional Sessions Judge Beohari, District Shahdol vide judgment dated 8.3.2001 dismissed the appeal. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) The prosecution's case, in short is that, Shri Vishnu Kumar Wadhwani Branch Manager of the State Bank of India, Branch Budhar had sent a written report Ex.P/4 that on 7.4.1989 the applicant had produced a draft no.464707, which was issued by Siyaganj Branch, Indore for a sum of Rs. 17/- but on that draft by forgery a sum of Rs. 17,000/- was mentioned and therefore, the applicant produced a forged draft for its encashment of Rs. 17,000/- hence, it was an offence of cheating with the bank. Consequently, a case was registered at Police Station, Beohari for the offence punishable under Section 420 of IPC. After due investigation, a charge sheet was filed against the applicant.

(3.) The applicant abjured his guilt. He took a plea that he did not give the draft for its encashment, whereas he was asking to the Branch Manager whether the draft was correct or not. Actually, one Baijnath Tiwari took a sum of Rs. 20,000/- from the applicant on credit and in place of giving the cash payment, he gave that draft, which was shown by the applicant to the Branch Manager. In defence, Ramashankar Patel (DW-1) was examined.