- (1.) The judgment and order dated 31st March, 2013 passed by learned Additional Sessions Judge, 2nd Court, Siliguri, Darjeeling affirming the judgment and order of conviction passed by the learned Sub-Divisional Judicial Magistrate, Siliguri, Darjeeling in connection with G.R. Case No.109 of 1996 (T.R. No.148 of 1998) convicting the petitioner for commission of offence punishable under Sections 420/468/471 of the Indian Penal Code and directing him to suffer Rigorous Imprisonment for three years and fine of Rs.5,000/- in default to suffer simple imprisonment for six months for commission of offence punishable under Section 420 of the Indian Penal Code, further to suffer Rigorous Imprisonment for three years and fine of Rs.5,000/- in default to suffer simple imprisonment for six months for commission of offence punishable under Section 468 of the Indian Penal Code and also to suffer Rigorous Imprisonment for three years and fine of Rs.5,000/- in default to suffer simple imprisonment for six months for commission of offence punishable under Section 471 of the Indian Penal Code. All the sentences of imprisonment to run concurrently has been assailed before me.
(2.) The prosecution case as alleged against the petitioner is that the petitioner had dishonestly induced Telephone Department, Siliguri Circle to install a new telephone connection under Tatkal Scheme at his business premises by knowing and intentionally using a forged unpaid copy of demand note of Rs.30,000/- containing a purported seal of the Postal Department acknowledging receipt of the said sum and had thereby committed offences punishable under Sections 420/468/471 of the Indian Penal Code.
(3.) The First Information Report was registered in the instant case against the petitioner and one B. N. Saha the then Sub-Divisional Officer (Phones), Siliguri and Bimalendu Adhikari, the then Sectional Supervisor of Telephone Department at Siliguri.;