DEVINDER DEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Revision arises out of the appellate judgment of the learned Sessions Judge, Amritsar, maintaining the conviction and sentence of 2 years rigorous imprisonment and a fine of Rs. 800/ - passed on the petitioner by the Judicial Magistrate 1st Class, Amritsar.

(2.) THE prosecution case is in a very narrow compass. Sometime in the month of June, 1978, the petitioner forged the applications of some persons as mentioned in the charge -sheet and some certificates of House -Tax Department of the Municipal Corporation, Amritsar and fraudulently used those documents as genuine to take delivery of cement. The petitioner pleaded not guilty to the charge and his case was that he had been falsely implicated in this case and examined 2 witnesses in defence.

(3.) THE question to be determined in this case is whether the applications and the certificates allegedly forged by the petitioner can be regarded as a valuable security within the meaning of Section 30 of the Indian Penal Code. In my view these documents cannot be described as valuable security. Therefore, the petitioner could not in any event be convicted under Section 467, Indian Penal Code. I, therefore, alter his conviction from under Section 467 to one under Section 465, Indian Penal Code.