MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this petition under section 482 Crimial P.C. against the order dated 1.4.1997 by which the learned Magistrate framed charge under section 406 Penal Code against the petitioner on the complaint filed by Gurdevsingh on which the police registered a case No. 102/88 and after investigation filed a final report.

(2.) I have heard learned counsel for the petitioner. Notice was given to the learned P.P. He was also heard. I have perused the record.

(3.) The gravemen of the offence is that Gurdevsingh alleged that the accused-petitioner misused a receipt of Rs. 2,000 / - by fabricating the same. Gurdevsingh, complainant admitted that the above receipt bears his signature but his explanation is that in fact he gave a white blank paper to the accused-petitioner and he manipulated the above receipt on the paper. The police investigated the case and examined the books of account kept by Gram Panchayat. The SHO in particular checked the cash register and accounts register and found that all the entries were made in the ordinary course of nature and no alteration or fabrication was found. He further observed that at the time taking over charge the accused took over the charge and put his signature without raising any objection. Naturally heavy burden lay on the complainant to a produce tangible evidence regarding the fact that the accused fabricated a receipt on a white paper which was handed over by him to the accused. The police after investigation found the whole story unreliable. The learned Magistrate by his order dated 25.1.1991 disagreed with the final report submitted by the police and observed that a prnna facie case under section 406 Penal Code is made out. In pursuance of the above order he also framed a charge u / s. 406 Penal Code against the accused-petitioner. In my opinion there was absolutely no basis for passing the impugned order or for framing charge under section 406 Penal Code against the accused-petitioner.