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2008 Supreme(SC) 1308

C.K.THAKKER, D.K.JAIN
Bholu Ram – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Appellant :Rishi Malhotra, Advocate.
For the Respondents:Seeraj Bagga, Kuldip Singh, P.N. Puri, Dhiraj and Mrs. Reeta Dewan, Advocates.

JUDGMENT

C.K. Thakker, J. —

1. Leave granted.

2. The present appeal is filed by the appellant-accused against the order passed by the Additional Sessions Judge, Barnala on March 5, 1998 in Criminal Revision Nos. 11 and 12 of 1997 and confirmed by the High Court of Punjab & Haryana on November 26, 2006 in Criminal Revision Nos. 401 and 402 of 1998.

3. To appreciate the issues raised in the present appeal, few relevant facts may be stated.

4. On August 21, 1986, First Information Report (FIR) No. 87 was lodged against the appellant for commission of offences punishable under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code (IPC). The allegation in the FIR was that the appellant was a Clerk in Government High School, Rurke Kalan. He had forged signature of Sher Singh-respondent No. 2 herein who was the Head Master-cum-Drawing and Disbursing Officer and embezzled substantial amount of more than Rs. one lakh between 1979 and 1986. As stated in the FIR, the said fact came to light when audit was carried out and report was submitted. Hence, the complaint.

5. According to the appellant, during the course of investigation, signatures of respondent No. 2 were also taken and were



























































































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