GURTEJ SINGH Vs. JAGTAR SINGH

JUDGEMENT

(1.) The criminal appeal has been filed alongwith an application praying for leave to appeal against acquittal under Section 378 (4) Cr.P.C. It transpires that vide judgment passed by Judicial Magistrate Ist Class, Fazilka dated 26.07.2008, the respondents have been acquitted. The core of the issue before the Trial Court was forgery of documents. Learned counsel for the petitioner contends that an inquiry was conducted by Inspector enforcement whereupon, it was found that the documents were forged. In such circumstances, the conclusion drawn by the Trial Court that there is no evidence of forgery is not substantiated. Learned counsel has further argued that the inquiry report has been ignored by the Trial Court on the ground that the inquiry was one sided and the accused had not been heard before giving the inquiry report. This is factually incorrect as the accused had been given opportunity of being heard.

(2.) I have considered the arguments of the learned counsel. Relevant discussion in the impugned judgment is contained in para no. 11. The respondents have been acquitted by the Trial Court on the following grounds:-

(3.) Considering the above, it has been concluded that the complainant had failed to establish that the accused committed forgery of the alleged receipt and clearance certificate.