AVTAR KRISHEN KOUL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This appeal is directed against judgment order dated 31st of March 2001, passed by the learned 1st Additional Session Judge, Jammu, vide which the appellant has been convicted and sentenced as under :-

(2.) The prosecution story in brief is that S/Sh Sandesh Kumar Bhat, Vijay Kumar and P.C. Hans entered into a criminal conspiracy as a result of which they forged a blank account payee cheque bearing No. 455049 of LIC Unit-II, branch Jammu, and fraudulently withdrew an amount of Rs. 32,000/- from Punjab National bank, Gandhi Nagar, Jammu, in the name of Kuldeep Sharma. During investigation, it revealed that the appellant Avtar Krishan opened a fictitious account No. SB-22709 in PNB Gandhi Nagar, in the name of non existing person Kuldeep Sharma and himself signed as introducer. During investigation, it was also revealed that in the month of April '93, Sandesh Bhat accused since acquitted, steeling took away the said blank cheque which was in the custody of Gopal Krishan, LIC Assistant and filled up the cheque in his own hand-writing the pay order of Rs. 32000 in favour of Kuldip Sharma, Vijay Kumar, accused since acquitted forged on this cheque the signatures of Mrs. Sudesh Khuda, HGA of LIC Unit. II and ML Basur, Branch Manager. The said cheque was deposited in the aforesaid account No. by the appellant on 30th of April 1993, and thereafter the amount of Rs. 32000 was credited to this account on 7th of May 1993, on which date, the said amount was withdrawn by the appellant as Kuldip Sharma.

(3.) After investigation, the challan was presented before the Court of Chief Judicial Magistrate, Jammu. The case was committed to the Court of Sessions, Jammu. On commitment, the case was entrusted to the Court of Learned 1st Additional Sessions, Judge, Jammu, who charge-sheeted the appellant under Section 120-B read with Sections 419, 420, 465, 467, 468 and 471, RPC.