PRADEEP NANDRAJOG,.J. - (1.) Vide judgment dated 30.9.1994 the petitioner has been convicted by the learned trial court for offences punishable under Sections 408, 420, 467 and 471 IPC and sentenced to undergo rigorous imprisonment for 2 months under Sections 408 and 420 IPC and for 2 years under Sections 467 and 471 IPC. All sentences were ordered to run concurrently. In appeal, the learned Court of Session maintained the conviction under Sections 420, 467 and 471 IPC, but set aside the conviction and sentence for the offence punishable under Section 408 IPC.
(2.) As per the case of the prosecution, while working as Manager of the Gram Sewa Sahakari Samiti Limited, Rajikawas the petitioner in connivance with co-accused Jog Singh (died during the pendency of trial) prepared a forged loan application (Ex.P/4) in the name of Satidan Singh by forging the signatures and affixing his thumb impressions (purporting to be of Satidan Singh) though Satidan Singh was no more and died six years earlier. On the basis of the forged documents and by forging the signatures of complainant Kheem Singh, who was Chairman of the said Samiti, he managed to obtain a cheque of Rs. 2500/- and misappropriated the amount.
(3.) After considering the evidence of the prosecution witnesses and the documents produced, the learned trial Magistrate found that the petitioner has forged documents in the name of Satidan Singh and obtained a sum of Rs. 2500/- by playing fraud and adopting unfair means. These findings are affirmed in appeal by the learned appellate court.;