JUDGMENT Joytosh Banerjee, J.The facts and circumstances leading to the instant application are as follows:The Assistant Secretary (Vigilance) of the Andaman & Nicobar Administration sent a confidential letter to the I. G. of Police, A & N Islands, Port Blair alleging malpractices adopted by the petitioner in the matter of procuring and disposal of a scooter.The background of such allegation was that against an allotment order BCp060084 dated 20.3.79 one Sri Suresh B. Bijalani of Block No. 42/9, East Patel Nagar, New Delhi was allotted with one 'Chetak' Scooter out of foreign exchange quota and the said scooter was duly supplied to Mr. Bijalani by M/s. Bajaj Auto Ltd., New Delhi.The sale of the scooter within a period of two years of its purchase was not permissible.On scrutiny it was found that various column of Form 'A' for payment of road tax and Form 'B' for registration of the vehicle were filled in by the accused/ petitioner, while in Form 'A' the petitioner affixed his own signature on behalf of Mr. Bijalani in Form 'B', the petitioner, it was alleged, signed posing himself to be Mr. Bijalani.The signature in Form 'A' did not tally with the signature of Mr. Bijalani appearing in Form 'B'.The Insurance Policy of the said scooter shows the name of one Mr. Suresh was not found at the address given or in the Government Service at Port Blair.It was alleged that the present petitioner got it done.The scooter was subsequently sold to one Mr. R.V. Alagar Swamy, Contractor of 46, M. G. Market, Port Blair on 15.1.82 within one year of the original purchase from the dealer for Rs. 16,500/-.It was alleged that there was nexus between the petitioner and the said Alagar Swamy.It was further alleged that the petitioner forged the signature of Sri Bijalani for the purpose of registration of the vehicle.In course of the investigation, the Government Examiner of questioned documents gave the view that the handwriting on the aforesaid documents belonged to the petitioner.In the aforesaid facts and circumstances, the police on completion of the investigation submitted chargesheet under Sections 417/ 468/471 of the IPC before the Chief Judicial Magistrate, Port Blair who transferred the case to the file of the Judicial Magistrate, First Class (1), Port Blair.The learned Trying Magistrate by his order dated 10.8.88 discharged the petitioner on the ground that no prima facie case on the materials on record justified framing of the charge under any of the provisions of the IPC.Thereafter on receipt of anonymous complaint against the order of the learned Magistrate, the impugned proceeding in revision under Section 399 read with Section 401 of the Cr.PC was started by the learned Sessions Judge (Revision Case No. 13/88).The learned Magistrate thereafter proceeded to consider the whole allegation raised against the present petitioner noting the allegation that the petitioner/ accused Sri Amar Singh Verma (S.I. of Police, A. & N.) committed malpractice in the matter of procurement of a scooter (being Bajaj Chetak bearing registration No. AN 3012) and that the accused/petitioner filled up Forms 'A' and 'B' for registration etc. of the scooter in the name of one Suresh B. Bijalani in his own handwriting and further he had signed in the name of the said Suresh who was unknown and who could not be traced out and in this way the said accused/petitioner used the fictitious name of the said Suresh B. Bijalani and thus he forged documents and cheated the registration and taxing authority of A & N Islands by using the forged documents.Thereafter the learned Magistrate observed that it was an admitted position that the accused did not get the scooter registered in his own name but got it registered in the name of the said Suresh B. Bijalani and as such it could not be said that there was wrongful gain or advantage to the accused with corresponding wrongful loss to another and as such there could not be any question of causing or likely to cause damage or harm in body, mind, reputation or property to the registering or taxing authority or to any other person and as such no question as to deceive, forgery or cheating could arise.On these findings, the learned Magistrate passed the order of discharge.In the suo motu revision, the learned Sessions Judge found in the above mentioned facts and circumstances of the case that the accused/petitioner signed Form 'B' meant for registration of the concerned vehicle posing himself to be Suresh B. Bijalani.

Sections cited: Section 468 in The Indian Penal Code, Section 415 in The Indian Penal Code, Section 471 in The Indian Penal Code, Section 417 in The Indian Penal Code, Section 420 in The Indian Penal Code