AKSHAY CHOUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision petition is directed against order dated 22.02.2019, passed by Tenth Additional Sessions Judge, Bhopal in S.T. No. 1103/2018, whereby charges of the offences punishable under Sections 120-B, 420, 467, 468 and 471 of the Indian Penal Code were framed against the petitioners.

(2.) Allegations levelled against the petitioners as mentioned in the charge-sheet may be summarized thus -

(3.) Learned counsel for the petitioners has strenuously contended that no offence is made out against the petitioners as the letters of appointment were neither prepared by them nor they have any knowledge that the same were forged or fabricated. The FIR did not contain any specific allegation against the petitioners. Further, no mens rea could be attributed to the petitioners as there is no intention of the petitioners to cheat anyone and the ingredients of Section 120-B of IPC are missing. It is also submitted that the charge of forgery cannot be imposed against a person who is not the maker of false document in question. To buttress the contention, reference has been made to the decision of Supreme Court in Sheila Sebastian v. R. Jawaharaj (2018) 7 SCC 581. On these grounds, learned counsel has urged that the petitioners could not be held liable for the offences charged with.