KAMAL PRASAD GIRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) IN this Revision Petition the Revisionist-Accused seeks to assail the impugned judgment dated 21-06-2012 passed by the Learned Sessions Judge, Special Division I, ­ Sikkim at Gangtok in Criminal Appeal No.4 of 2011 confirming the judgment and order on sentence dated 30- 04-2011 of the Learned Judicial Magistrate (First Class), East Sikkim at Gangtok, in G.R. Case No.17 of 2006.

(2.) BRIEFLY stated, the case of the prosecution is that a written complaint was received by the Sadar Police Station, Gangtok, from one Ramesh Kumar Agarwal, Complainant, P.W.1, Proprietor of Kwality Enterprises, Tadong, Gangtok, at about 1425 hours of 18-11-2005, that on going through the statement of his Cash Credit Account No.869 held by him in the Central Bank of India (in short "CBI"), Gangtok Branch, sums of Rs.2,60,000/- and Rs.4,30,000/- had been unauthorisedly withdrawn by unknown persons vide two cheques by forging his signature.

(3.) DURING the course of the investigation, the two questioned cheques bearing No.019791 dated 06-05-2005 for Rs.2,60,000/- and No.019790 dated 24-10-2005 for Rs.4,30,000/-, Exhibits 2 and 3 respectively, were seized from the possession of the Senior Manager, CBI, P.W.14, in presence of witnesses under Seizure Memo Exhibit 15.