SUNIL BALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present revision petition was filed by the sole petitioner Sunil Bali against the impugned judgment of conviction dtd. 19/10/2007, passed by the trial Court and affirmed in the appeal vide judgment and order dtd. 12/8/2009, passed by the Additional Sessions Judge, Gurgaon.

(2.) Heard learned counsel for the rival parties. It is the case of the prosecution that the petitioner Sunil Bali was Assistant Accountant with Omax Autos Limited, in custody with cheque and had utilized 5 cheques of the company and with the help of 2 cheques out of 5 had withdrawn a sum of Rs.1,56,000.00 from the account of the company by opening a fake account in the name of M/s S.S. Traders.

(3.) The star witness of the prosecution was PW-3. The trial Court itself recorded a finding of fact in paragraph 21 which reads thus: