Hon'ble Mr. Justice I.A. Ansari

1. By judgment and order, dated 30.12.2002, passed, in GR Case No.49/97, by the learned Chief Judicial Magistrate, Kokrajhar, the accused-petitioner was convicted under Section 468 IPC and, following his conviction, he was sentenced to undergo simple imprisonment for seven years and pay fine of Rs.1,000/- and, in default thereof, undergo simple imprisonment for a further period of three months. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: A sum of Rs.1,65,000/- was kept, in the State Bank of India, Kokrajhar Branch, in the name of the Deputy Commissioner, Kokrajhar. On 06.11.96, while working in the Development Branch of the office of the Deputy Commissioner, Kokrajhar, PW2 (Moniram Basumatary), who was Senior Assistant, prepared a cheque and sent the same to the Deputy Commissioner, Kokrajhar, with notes in the relevant file. The Deputy Commissioner, Kokrajhar, did not, however, receive the cheque; but forging the signature of the then Deputy Commissioner, Kokrajhar, the said cheque was encashed on the basis of a letter of authority shown to have been issued, in this regard, in the name of one Manga