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1979 Supreme(SC) 149

A.D.KOSHAL, S.MURTAZA FAZAL ALI
Abdul Karim Madan Sahab – Appellant
Versus
State Of Mysore – Respondent


Judgment

FAZAL ALI, J.: - This appeal by special leave is directed against the judgment of the Mysore High Court dated 1-12-1971. The appellant was charged of various offences before the trial Court but acquitted of all of them including a charge under S. 471, I. P. C. The High Court in appeal against the order of acquittal passed by the trial Court maintained the acquittal on other charges but reversed the acquittal so far as the charge under S. 471 was concerned and convicted the appellant under S. 471. The facts of the case have been set out in the judgment of the High Court and we need not reiterate them here. In fact the case lies within a very narrow compass. The accused who started as a Clerk of the complainant working in a Bank rose to the position of a Manager. The case of the prosecution was that the complainant P. W. 7 had entrusted a cheque book with Serial Nos. 151 to 194 to the appellant. All the cheques contained in the cheque book had been signed by him except Serial Nos. 172 and 174. Subsequently, it transpired that the appellant forged one of the cheques by drawing it in his name and putting the figures Rs. 50,000/- and presented the said cheque before the Syndicat









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