STATE Vs. KRISHNA KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Chief Judicial Magistrate, Jammu on 17-7-2003, whereby he has acquitted Krishan Kumar, accused, of offence under Sections 420/467/468 RPC. Precisely, the case of the prosecution enumerated from record is that on 16-3-1993, one Ravi Singh, Managing Partner of M/s Kiwi Finance Corporation and Kiwi Trading Corporation issued a self-cheque bearing No. 641167 dated 16-3-1993 and deposited in Citizen Co-operative Bank, Warehouse Branch, Jammu. It is stated that the cheque was deposited by Pawan Kumar and receipt obtained in respect thereof from accused Krishan Kumar, who was posted as Accountant in the said Bank. The cheque was for an amount of Rs. 20,000.00. It was, further, found that the cheque amount has not been credited to the account of complainant-Company and some one has withdrawn the amount and encashed the cheque. A complaint lodged to the Bank, which led to the registration of a case against accused, Krishan Kumar, whose signatures, according to the complainant, were found on the receipt issued at the time of deposit of the cheque with the Bank. After investigation, the charge sheet was presented against the accused before the Court of Chief Judicial Magistrate, Jammu. The Trial Court, after framing charge, recorded prosecution evidence and after hearing the arguments, found that prosecution having miserably failed to prove the charge against the accused, passed an order of acquittal of the accused vide his order dated 17-7-2003. It is this order of acquittal propounded by the Trial Court, which became subject matter of challenge by the State on variety of grounds.

(2.) It is stated that the Trial Court has not appreciated the evidence in its proper perspective and erroneously drawn an order of acquittal without adverting to the material evidence on record. There is copious evidence, both oral and documentary, placed on record by the prosecution, which has escaped attention of the Trial Court and resulted in the order of acquittal of the factual frailty, liable to be set aside in appeal.

(3.) I have heard Mr. B.S. Salathia, learned Senior Additional Advocate General appearing for the Appellant State, and also perused the judgment rendered by the Trial Court in context with the evidence on record, meticulously.