KAMLESH JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This criminal revision petition has been filed by the petitioner against the judgment dated 4.12.2002 passed by Additional Sessions Judge (Fast Track), Jodhpur (for short 'the Appellate Court' hereinafter) in Cr. Appeal No. 112/2002, whereby the Appellate Court has dismissed the said appeal and affirmed the order dated 26.9.2000 passed by Additional Chief Judicial Magistrate No. 1, Jodhpur (for short 'the Trial Court' hereinafter) in Cr. Original Case No. 101/1998, whereby the Trial Court has convicted an sentenced the accused-petitioner as under:

(2.) Brief facts, necessary for disposal of this revision petition, are that on 13.11.1987, complainant Balveer Singh, the then Manager, Punjab National Bank, Mahatma Gandhi Hospital Road, Jodhpur submitted a written report to the Station House Officer, Police Station, Sardarpura, Jodhpur stating there that on 28.10.1987, a boy named Kamlesh came to the Bank for the purposes withdrawal of amount and submitted a Pass Book of Saving Account No. 24146 along with a withdrawal form, on which forged signature was done. It is also submitted that one Girdhar Singh, an employee of the Bank, enquired from Kamlesh, upon which, he told that the said Pass Book belongs to someone else and he was asked to withdraw the amount. The employee of the remembered that on 27.10.1987, that boy also withdrew a sum of Rs. 165.00 from the Account No. 24185.00 and while disclosing his name as Kamlesh Gupta, pit his Signature on overleaf of the withdrawal form. On 12.11.1987, it was come to the notice that on 19.10.1987, the said withdrawal form of Rs. 165.00 and Pass Book along with other things were stolen from Ranakpur Express and a report in that regard was lodged at Police Station, G.R.P., Jodhpur.

(3.) After receiving the aforesaid report, a case being No. 232/1987 was registered for the offences punishable under Sections 420, 467, 468 I.P.C. at Police Station, Sardarpura, Jodhpur. The investigation was commenced and after completion of investigation, the police had filed the charge-sheet against the accused-petitioner for the aforesaid offences before the Trial Court and the Trial Court framed the charges against him for the offences punishable under Sections 420 and 467 I.P.C. The accused-petitioner denied the charges and claimed trial.