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 Mangalu Roy. On coming to know about the fact that the money had been so withdrawn, though the cheque, in question, had not been signed by him, the Deputy Commissioner, Kokrajhar (PW3) lodged, on 22-01-1997, a written Ejahar and, treating the same as First Information Report (in short, 'FIR'), a case was registered, at Kokrajhar Police Station, under Sections 467/468/477A IPC, against the accused-petitioner. The accused-petitioner, who had gone on Earned Leave on 28-01-1997 never returned to his office. When his house was raided by the Investigating Officer, the accused was found absconding, though his wife was present there. A search, conducted at the said house, led to the recovery of, amongst other articles, one stencil copy of authorization slip, without being filled up, addressed to the Branch Manager, State Bank of India, Kokrajhar, one typed authorization letter, partially legible, in the name of Mangalu Roy, which name completely tallied with the fake authorization letter by which the amount of Rs.1,65,000/- had been withdrawn as mentioned hereinbefore. The said materials were seized, on 30.01.97, vide seizure list (Ext.4). The cheque, which had become the basis for release of the fund by way of encashment thereof, and other materials were sent to the Forensic Science Laboratory for examination of handwriting and signature on the said cheque, authorisation letter and other documents aforementioned. As the accused-petitioner was absconding, his applications for Earned Leave and Casual Leave, which were lying in the office of the Deputy Commissioner and which contained the signatures of the accused-petitioner, were sent along with the said alleged forged documents to the Forensic Science Laboratory . The opinion of the expert was to the effect that the handwriting in the said cheque tallied with the signatures contained in the leave applications of the accused-petitioner. Having completed investigation, police submitted charge-sheet, on 17.09.97, against the accused-petitioner, under Sections 409/468/420 IPC, showing him as an absconder. The accused-petitioner, eventually, surrendered, in the Court of the learned Chief Judicial Magistrate, Kokrajhar, on 17.04.2001, i.e., after more than four years of the occurrence, and was allowed to go on bail on 03.05.2001.

2. To the charge framed against him, at the trial, under Section 468 IPC, the accused-petitioner pleaded not guilty.

3. In support of their case, prosecution examined altogether five witnesses. The accused-petitioner was, then, examined under Section 313 Cr.P.C. and, in his examination aforementioned, he denied that he had committed the offence, which was alleged to have been committed by him, the case of the defence being that of denial. No evidence was adduced by the defence. On finding the ac