KAMLESH Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal is directed against the conviction and sentence imposed on appellant Kamlesh s/o Kanaiyalal Jain by 4th Additional Sessions Judge, Ratlam in Sessions Trial No. 138/2008 vide judgment dated 15.12.2008 whereby, learned ASJ found the present appellant guilty under sections 419 and 468 of lPC and sentenced him for two years R.I. and three years R.I., in case he makes default in payment of amount of fine respectively.

(2.) THE facts giving rise to this appeal are that the present appellant presented himself as security for the accused in Criminal Case No. 165/2008 pending before Judicial Magistrate First Class, Sailana, Distt. Ratlam. He filed a Krun -pustika, on which, his photograph is affixed. However, on being found suspicious by the learned Magistrate, he sent the Krun -pustika for an inquiry to Tahsildar, Sailana. The Tahsildar conducted an inquiry and found that the photograph affixed in the Krun -pustika which was of the present appellant and was not of the original farmer Kalu s/o Rupa Bhil. At the relevant time, the said farmer Kalu s/o Rupa Bhil had already died and his legal heirs were recorded in the revenue records. According to the inquiry, the present appellant affixed his photograph on the original Krun -pustika of Kalu Bhil and presented himself before the Magistrate I as Kalu Bhil and thereby committed cheating by personalization. It is also alleged I that he forged Krun -pustika by affixing his photograph on it for the purpose of i cheating by personalization.

(3.) THE learned Sessions Judge framed the charges under sections 205, f 419,468 and 471 of IPC. However, the learned AS J found that for prosecution [ under sections 205 and 471 of IPC, a complaint by the concerning Court was necessary under section 195 of CrPC. As no such complaint was filed, he acquitted the accused from the charges under these sections. However, the learned AS J found him guilty under section 419 for cheating by personalization and under section468 oflPC for committing forgery for the purpose of cheating and imposed Ihe sentence as aforesaid. Aggrieved by the judgment against him, present appeal is filed by the present appellant.