ANIL BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two revision petitions have been filed against an order passed by the learned 1st Additional Sessions Judge Jammu in File No. 7 of 1983 titled State V/s Sandesh Bhat and Ors on 15 -01 -1996. The order impugned has been challenged in so far same frames charge against the two petitioners herein under section 120 -B, 419, 420, 465, 467, 468and 471 -RPC.

(2.) THE allegation against the accused is that they entered into a criminal conspiracy for commission of fraud and forgery. In pursuance of that conspiracy accused Avtar Krishan opened a fictitious account while acting and impersonating himself as Kuldeep Sharma, in Punjab National Bank, Gandhi Nagar, Jammu on 10 -02 -1993. Accused Sunil Bhan introduced and identified him in the Bank. Accused Sandesh Bhat, Who was a peon in life Insurance Corporation of India, Procured a blank cheque from the official cheque book and prepared a cheque in favour of the fictitious person, Kuldeep for an amount of 32000/ -payable from the account of Life Insurance Corporation. The cheque was filled up by accused Sandesh Bhat in his own handwriting and was purported to have been signed by the two signatories of the Bank, who have dis -owned the signatures. The handwriting expert and also the confessional statements show that the cheque was not signed by the signatory shown on the same. Thus there is an allegation of forgery of the signatures on the cheque. The prosecution attributed this forgery to Vijay Kumar. The cheque was, after its preparation, deposited in the Bank on 30 -04 -1993 in the account of Kuldeep Sharma and later on the amount was with drawn by accused Avtar Krishan Koul while acting as Kuldeep Sharma is whose name the account had fradulently been opened.

(3.) THE Trial Court vide the impugned order charge -sheeted the accused, expcept accused No.2, Vijay kumar, against whom no offence was found and whose participation was ruled out by the Handwriting Expert.