Crl..Rev.No.2454/2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl..Rev.No.2454/2010 (O&M) Date of decision: 8.9.2010. Mohan Lal ....................Petitioner v. The State of UT Chandigarh .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Yogesh Goel,Advocate for the petitioner Jaswant Singh.J.(Oral) The petitioner, vide order dated 18.10.2005, was convicted by the learned Addl.Chief Judicial Magistrate, Chandigarh for offences under Sections 467/468/471 IPC and sentenced to undergo RI for two years each for the aforesaid offences besides payments of fine and in default of payment of fine to undergo further RI. In appeal filed by the petitioner the Appellate Court affirmed that finding. The allegations against the petitioner were that he had deposited a forged bank draft amounting to Rs.9,55,770.32 , purported to have been issued by Indian Bank, Hazratganj Branch, in his account with Indus Ind Bank,Sector 7, Chandigarh. In turn, Indus Ind Bank sent the said bank draft for clearance to Indian Bank Clearing Service Branch, Sector 7, Chandigarh. On verification by the officials of Crl..Rev.No.2454/2010 (O&M) 2 Indian Bank Clearing Service Branch, Sector 7, Chandigarh, the said bank draft was found to be a forged one and accordingly case FIR No.104 dated 26.5.1999 under Sections 420/468/471/120-B IPC, PS East was registered against the petitioner and one Ravinder Singh, with whose connivance the said forged draft was prepared. After completion of investigation challan was presented against petitioner Mohan Lal and said Ravinder Singh. It may be noticed here that said Ravinder Singh died during trial and as such proceedings qua him were dropped. The prosecution in support of its case examined as many as 8 witnesses besides producing other documentary evidence. In his statement under Section 313 Cr.PC petitioner stated that he was innocent and witnesses had deposed falsely against him. However, petitioner led no evidence in his defence. On the basis of oral and documentary evidence available on record, learned trial Court convicted and sentenced the petitioner as noticed above and his appeal was dismissed by the learned Addl.Sessions Judge. Hence the present revision petition. It is submitted by the learned counsel for the petitioner that despite the failure of the prosecution to prove its case beyond the shadow of reasonable doubt, the learned trial Court as well as Appellate Court have erred in convicting and sentencing the petitioner. I find no force in this submission of the learned counsel for the petitioner. Crl..Rev.No.2454/2010 (O&M) 3 It is not disputed that the forged bank draft was deposited in the account of the petitioner and as such he alone was the beneficiary of the said draft. It is also not disputed that on verification, it was found that the forged bank draft was never issued by Indian Bank, Hazratganj Branch. In fact, it has come on record that Indian Bank at the relevant time had no such Branch at Hazratganj, Lucknow. Further, no ill will has been imputed to any of the prosecution witnesses who are either bank officials or police officials, who verified/investigated the origin and genuineness of the bank draft in question. Still further, despite opportunity, petitioner led no evidence to prove his innocence. Thus it is proved, that the petitioner has committed offences punishable under Sections 467/468/471 IPC and he has rightly been convicted by the Courts below. No other point has been urged before this Court. For the reasons recorded above,finding no merit in this revision petition the same is hereby dismissed. 8.9.2010 (Jaswant Singh) joshi Judge