ANOWARUL HAQUEBARLASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AB Choudhury, learned counsel for the petitioner. Also heard Mr. PC Gayan, learned PP, Assam.

(2.) The legitimacy and the correctness of the judgment dated 13.11.95 passed by the learned Sessions Judge, Cachar at Silchar in Criminal Revision No.31 (4) of 1994 is the subject matter of challenge in this revision petition.

(3.) The basic question which has come up for consideration before this Court is whether the learned Sessions Judge was justified in reversing the order dated 26.9.94 passed by the Addl Chief Judicial, Magistrate, Cachar, Silchar in GR Case No. 1006 of 1985 under sections 468/420 IPC by which the accused-petitioner was discharged from the charge of committing forgery in a cheque. It would be necessary to notice the prosecution case in a short compass. The complaint was lodged with the Silchar Police Station by one D. Bhattacharjee, the then Branch Manager, State Bank of India, Silchar Branch, on 23.5.85 alleging that the petitioner had forged a Govt cheque being No.871985. It was stated that on 21.5.85 when one Sri Pronoy Kumar Choudhury placed a Govt cheque being No.871985 (Book No. 17440) dated 21.5.85 bearing an amount of Rs.38,939.15 favouring Sri PK Choudhury drawn by the Executive Engineer, Silchar PWD Road Division, to the counter, it was revealed on proper verification of Govt Cheque Register that a cheque bearing the same No. and Book No. amounting to Rs.58,110/- dated 10.5.85 favouring Sri Arabinda Bhattacharjee drawn by the Executive Engineer, PWD Silchar was paid on 16.5.85 in cash. Then the matter was referred to the Regional Manager, Guwahati by the Bank Manager and thereafter on proper verification of the bank document it was revealed that a cheque bearing No.871965 (Book No. 17440) dated 10.5.85 for an amount of Rs. 1,000/- was issued in favour of accused-petitioner by the said Executive Engineer, who later on, reported to the Executive Engineer that the cheque issued to the accused was lost and the same was never produced before the Bank for payment by the drawer.