GOPAL KUMAR SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 05.12.2014 passed in Cr. Appeal No.45 of 2010, by which conviction of the petitioner for the offences under section 419, 465, 467 and 468 IPC has been confirmed by the appellate court however sentence awarded to him has been reduced from three years to one year.

(2.) Two-Fold submissions have been made on behalf of the accused-petitioner; (i) once charge under section 120-B IPC has failed without recording a finding that there is independent evidence to convict the accused for the offence as alleged by the prosecution, conviction of the petitioner for the substantive offence is unsustainable, and (ii) the mandatory provision under section 360 Cr.P.C has been given a go-by.

(3.) On an allegation that the cheque for Rs.10,000/- drawn in his name which was sent from the LIC office was not delivered to him and on enquiry he has come to know that the said cheque has been cleared in favour of Central Cooperative Bank, Hirapur, the informant lodged a written complaint on the basis of which Dhanbad P.S.Case No.600 of 1996 was registered for the offence under sections 419/420/465/467/468/120-B IPC.