- (1.) This criminal misc. petition has been preferred by the petitioner against the judgment dated 19.12.2008 whereby the Additional Sessions Judge, No.2 Sri Ganganagar (hereinafter referred to as "the revisional Court") has partly allowed the revision petition of the petitioner while confirming the order dated 17.5.2008 passed by the Judicial Magistrate, Senior Division-I, Sri Ganganagar (hereinafter referred to as "the trial court") to the extent of taking cognizance against the petitioner for the offences punishable under Section 465 and 471 I.P.C., while quashing the order of taking cognizance against him for the offence punishable under Section 468 I.P.C.
(2.) Brief facts of the case are that the respondent No.2 Beg Raj filed a complaint in the trial court while alleging that when he was working as acting Principal of Seth Girdhari Lal Bhiyani Sanatan Dharam, Senior Secondary School, Sri Ganganagar on 15.9.1997, the petitioner, who was also working as Lecturer at the aforementioned college, had got prepared a forged experience certificate dated 15.9.1997 by putting forged signatures of the respondent No.2 on it and thereafter submitted it along with an application preferred in the Rajasthan Non-Governmental Educational Institutions Tribunal, Jaipur (hereinafter referred to as "the Tribunal") for getting certain reliefs in respect of payment of salary etc. It is alleged that the respondent No.2 had never issued any such certificate dated 15.9.1997 and his signature on it are fabricated one. After receiving the said complaint, the learned Magistrate forwarded the same for investigation under Section 156(3) Cr.P.C. to Police Station Jawahar Nagar, Sri Ganganagar. The police registered an FIR No.251/2001 against the petitioner for the offences punishable under Sections 418, 420 and 193 I.P.C. and started investigation. After investigation, the police filed a negative final report while concluding that though as per the FSL report the disputed signature on the alleged experience certificate dated 15.9.1997 are not matching with respondent No.2's admitted and specimen signatures but as the said certificate was produced by the accused before the Tribunal, only the said Tribunal can lodge complaint against the petitioner as per Sec.195 Cr.P.C. The police has also concluded that the offences punishable under Sections 418 and 419 I.P.C. are not made out as there is no evidence of any inducement on the part of the petitioner.
(3.) Being aggrieved with the final report, the respondent No.2 Beg Raj preferred a protest petition.;