SUNIL BHASEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition has been filed by petitioner/accused against judgment passed by the Court of learned Additional Sessions Judge, Solan, in Criminal Appeal No. 1-S/10 of 2009 dated 28.12.2009, vide which, learned Appellate Court while dismissing the appeal so filed by the present petitioner has upheld the judgment of conviction passed by the Court of learned Judicial Magistrate Ist Class, Kasauli, in Criminal Case No. 164/2 of 07/2000 dated 04.12.2008, vide which, learned trial Court had convicted the present petitioner for commission of offences under Sections 467, 468, 420 and 471 I.P.C. and sentenced him to undergo simple imprisonment for a period of three years with fine of Rs.5,000.00 for commission of offences under Sections 467, 468, 420 and 471 I.P.C. each and sentences were to run concurrently.

(2.) The case of the prosecution was that on 16.09.1998 a complaint was received by S.H.O. Police Station Parwanoo from Senior Manager Shri B.R. Dhand to the effect that the said Branch of Punjab National Bank received a draft bearing No. 651255/26/98 dated 04.09.1998 in favour of M/S Parul Electronics for Rs.30,000.00 which was issued by P.N.B. Branch Office Shivaji Marg, Kirti Nagar, New Delhi and as per complainant, it was detected that the said draft leaflet was a forged one and signatures of the persons bearing P.A. No. 4925 and P.A. No. 3128 were also forged. On the basis of this complaint, FIR No. 143/98 was lodged under Sections 467, 468, 471, 420 and 511 I.P.C. During the course of investigation, statement of Ajay Kumar Sood, Proprietor of Parul Electronics was recorded. As per the said statement, accused persons had come in car bearing registration No. DL- 8CC-9386 on 11.09.1998 at his shop and had purchased V.C.R. and T.V. According to the Proprietor, out of the total amount, an amount of Rs.1490.00 was paid in cash, whereas Rs.30,000.00 was paid by way of demand draft drawn on Punjab National Bank issued by Shivaji Marg, Kirti Nagar, New Delhi. Investigation revealed that Accused No. 1 Sunil Bhaseen i.e. present petitioner was dismissed from P.N.B. Parwanoo Branch and he in league with accused had prepared forged demand draft for an amount of Rs.30,000.00. Esteem car bearing No. DL-8CC-9386 was found in suspicious condition at Parwanoo on 25.09.1998. When the car was checked, drafts drawn on Punjab National Bank, New Delhi, which were blank were found and another draft of State Bank of India was also found. During the course of investigating, specimen signatures of the accused were taken and were sent for comparison to the handwriting expert. Report received revealed that the specimen handwriting and the writing on the impugned drafts were of the same person.

(3.) After completion of investigation, challan was filed and as a prima facie case was found against the accused, they were accordingly charged for commission of offences under Sections 420, 467, 468, 471 and 120-B I.P.C.