GOPAL CHANDER Vs. U T

JUDGEMENT

(1.) Petitioner was convicted for an offence under Sections 467, 468, 467 read with Section 471, 420 and 420 read with Section 511 of the Indian Penal Code ("IPC" for short), vide judgment dated 24.5.2002 passed by the Judicial Magistrate, Ist Class, Chandigarh. Vide order dated 25.5.2002, the petitioner was sentenced to undergo rigorous imprisonment for a period of two years with a fine of Rs. 200/- under Section 467 IPC; to undergo rigorous imprisonment for a period of two years with a fine of Rs. 200/- under Section 468 IPC; to undergo rigorous imprisonment for a period of two years with a fine of Rs. 200/- under Section 467 read with Section 471 IPC; to undergo rigorous imprisonment for a period of two years with a fine of Rs. 200/- under Section 420 IPC and to undergo rigorous imprisonment for a period of one year with a fine of Rs. 100/- under Section 420 read with Section 511 IPC. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 1.3.2007 passed by the Additional Sessions Judge, Chandigarh. Hence, the present revision petition.

(2.) Prosecution case, as noticed by the Appellate Court in para Nos. 2 and 3 of its judgment, is reproduced herein below:

(3.) On receipt of the above complaint in the police station this case was registered and investigations were taken in hand. During investigations it was further revealed that accused had tempered with another similar cheque bearing number EK 454721 dated 1.12.1993 and converted the original amount already mentioned therein as Rs. 4200/- into Rs. 14200/- and misappropriated the alleged amount of Rs. 10,000/-. Relevant record from the bank including the alleged cheques and the notings from the office besides the relevant entries made in the cash book were collected. The cheques were sent to the office of the Government Examiner of Questioned Documents, Govt. of India, Shimla for examination. From there cheques were found to have been tempered with regarding figures of the amount. Statements of the prosecution witnesses under Section 161 of Code of Criminal Procedure were recorded. The accused was arrested and on completion of investigations challan was presented in the Court for trial.