STATE OF HIMACHAL PRADESH Vs. HEMANT MAHASHWARI

JUDGEMENT

(1.) Acquittal of the respondents, hereinafter referred as "the accused persons", passed in Case No. 105/2 of 2000/89 decided on 13.5.2002, has been challenged by the State in the instant appeal for the offences punishable under Sections 420, 467 and 468 of Indian Penal Code.

(2.) Though the accused persons were represented, but none has put in appearance for them, despite repeated opportunities. However, we have heard Shri J.S Rana, Assistant Advocate General with respect to the evidence on record. We have also re-assessed the evidence led by the prosecution before the learned trial Court.

(3.) In short, the prosecution case can be summed up thus. On 22.5.1982 the Chief Purchase Officer of the Electricity Board placed a supply order of 40 number of 25 K.V and 28 number of 63 K.V.A transformers to "M/S Zenith Electricals Private Limited", Sahibabad. They failed to supply 28 transformers, though they were released the payment on the vouchers alleged to have been forged by them. Thus, they cheated the state to the tune of Rs 3,60,688.32 paisa.