DINESH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant is convicted for offences punishable under Sections 457, 380 of I.P.C vide judgment dated 8.10.2012 passed by the Judicial Magistrate First Class, Banda, District Sagar in Criminal Case No.791/2012 and sentenced for two year's rigorous imprisonment with fine of Rs.100/- and one year's rigorous imprisonment with fine of Rs.100/-. In Criminal Appeal No.491 of 2012 the learned First Additional Sessions Judge, Sagar vide judgment dated 9.1.2013 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments passed by both the Courts below the applicant has preferred the present revision.

(2.) THE prosecution's case in short is that, on 21.1.2012 at about 8.00 p.m in the night the complainant Sanjay Jain (PW1) had closed his shop which was running in the Village Banda, District Sagar in the name of Rajshree Hardware. He kept a cash of Rs.65,000/- and a cheque book of Central Bank of India having one signed blank cheque in that cheque book in the chest kept in the shop. On the next day morning, he was informed by his brother Anil that burglary took place in the shop and the cash as well as the blank cheque was stolen by someone. The complainant lodged an FIR Ex.P/1 against the unknown persons. After 4-5 months, the applicant was arrested and the blank cheque issued by the the complainant and a sum of Rs. 2,000/- were recovered from the applicant. After due investigation a charge sheet was filed before the trial Court.

(3.) THE learned Judicial Magistrate First Class, Banda, District Sagar after considering the evidence adduced by the parties, convicted and sentenced the applicant as mentioned above. The appeal filed by the applicant was dismissed.