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H.C.P.TRIPATHI
Jagat Narayan – Appellant
Versus
State – Respondent
Key Points: - The case concerns whether the applicants committed offences under Sections 419 and 467 IPC, given lack of dishonest intent/forgery elements. (!) (!) (!) - The Sessions Judge had quashed convictions and directed committal proceedings; the High Court revised, holding no offence and quashing committal order. (!) (!) (!) - The court emphasized that dishonesty or fraud are essential elements for forgery; in this case none were established against Satish Chandra (and Jagat Narain as witness). (!) (!) (!) - Satish Chandra acted as elder brother authorized to receive payment; lack of wrongful gain/loss and dishonest intention. (!) (!) - The revisions are allowed; the order directing committal was quashed. (!) (!)
2. The prosecution story in short is as follows :
A money order for Rs. 67.50 np. in favour of Bal Makund real elder brother of applicant Satish Chandra had arrived at Post Office Ajitmal. On 4-7-1962 Satish Chandra came to the Post Office, enquired about the money order and personating himself as Bal Makund demanded its payment. On the money order form he signed as Bal Makund. Applicant Jagat Narain also put his signature as a witness. On further enquiry, before the payment was made, Satish Chandra disclosed that he was not Bal Makund. Accordingly the payment of the money was withheld and a report was lodged with the police by the post master Ajitmal on which investigation followed. On completion of investigation both the applicants were sent up for trial und
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