This appeal is directed against Judgment/order dated 31st of March 2001, passed by the learned Ist Additional Sessions Judge, Jammu, vide which the appellant has been convicted and sentenced as under:--

"In the instant case the accused Avtar Krishan has done forgery of valuable security and having done it for the purpose of cheating, he is liable to conviction under sections 467 and 468 RPC, as he has committed cheating as well so is liable to be punished u/s 420 RPC. The accused Avtar Krishan Koul accordingly is held guilty of committing offences punishable under Sections 467, 468 r/w sections 471 and section 420 RPC.

..............Therefore, under Section 467 RPC accused shall undergo rigorous imprisonment of two and half years and a fine of Rs. 5000 (five thousand). In default of payment of fine he shall further under go six months simple imprisonment in addition to the above sentence.

For offence us/468 RPC the accused is sentenced to two years rigorous imprisonment and a fine of Rs. 3000. In default of payment of fine he shall further undergo simple imprisonment for six months in addition to the above sentence.

For offence u/s 420 RPC accused is sentenced to undergo rigorous imprisonment of one year and a fine of Rs. 500. In default of payment of fine he shall further undergo one months simple imprisonment.

All the sentences shall run concurrently and the period the accused has remained in custody in this case viz 14.3.2001 till to date shall be given as set off towards the sentence imposed today on the accused/convict Avtar Krishan Kaul."

2. The prosecution story in brief is that S/Sh Sandesh Kumar Bhat, Vijay Kumar and P.C. Hans entered into a criminal conspiracy as a result of which they forged a blank account payee cheque bearing No. 455049 of LIC Unit-II, branch Jammu, and fraudulently withdrew an amount of Rs. 32,000 from Punjab National Bank, Gandhi Nagar, Jammu, in the name of Kuldeep Sharma. During investigation, it revealed that the appellant Avtar Krishan opened a fictitious account No. SB-22709 in PNB Gandhi Nagar, in the name of non-existing person Kuldeep Sharma and himself signed as introducer. During investigation, it was also revealed that in the month of April93, Sandesh Bhat accused since acquitted, steelthly took away the said blank cheque which was in the custody of Gopal Krishan, LIC Assistant and filled up the cheque in his own hand-writing the pay order of Rs. 32000 in favour of Kuldip Sharma. Vijay Kumar, accused since acquitted forged on this cheque the signatures of Mrs Sudesh Khuda, HGA of LIC Unit II and ML Basur, Branch Manager. The said cheque was deposited in the aforesaid account No. by the appellant on 30th of April93, and thereafter the amount of Rs. 32000 was credited to this account on 7th of May93, on which date, the said amount was withdrawn by the appellant as Kuldip Sharma.

3. After investigation, the challan was presented before the Court of Chief Judicial Magistrate, Jammu. The case was committed to the Court of Sessions, Jammu. On commitment, the case was entrusted to the Court of Learned Ist Additional Sessions, Judge, Jammu, who chargesheeted the appellant under Section 120-B read with Sections 419, 420, 465, 467, 468 and 471 RPC.

4. When the appellant was examined under Section 342 Cr PC, he denied simplicitor and false implication.

5. After hearing learned counsel for the parties and perusing the record, the learned Ist Additional Sessions Judge, Jammu, vide order impugned acquitted the co-accused of the appellant, however, the appellant was convicted and sentenced as noticed in para 1 of this Judgment. Aggrieved by which, the present appeal has been filed.

6. Mr. B.L. Chatta, learned counsel for the appellant submitted that the learned Court below has erred in convicting and sentencing the appellant. He contended that there is no substantive charge for offence under Ss. 467, 468 read with Ss. 471 and 420 RPC, rather, the appellant has been charge sheeted for conspiracy under Section

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