Madhya Pradesh High CourtThe State Of M.P. vs Willam Mugambo Judgement Given By: ... on 3 December, 2013Criminal Appeal No.1184/2004
03.12.2013
     Shri   Sameer     Chile,    Govt.   Advocate     for     the
appellant/State.
     None for the respondent.Heard on the question of admission.
     It reveals from the proceedings that since 2004,
despite repeated efforts, the respondent has not been
served. In these circumstances, the matter is heard with
the assistance of Government Advocate appearing on
behalf of the appellant.I   have   perused    the   impugned   judgment        dated
27.01.2004 passed by Judicial Magistrate First Class,
Chhatarpur alongwith the record of the trial Court.The respondent has faced a trial underSections 420,467,468and471of the I.P.C. and has been acquitted by
the trial Court from the aforesaid offences vide impugned
judgment.It reveals from the record that respondent at the very
beginning took the defence that he has not fabricated the
travelers cheque.    He further took the defence that he
himself was deceived by the agency who issued the so
called false and fabricated cheque.On appreciation of evidence on record, the trial Court
reached to the conclusion that the prosecution failed to
proved that the alleged fabrication of cheque was made by
whom.    In these circumstances, the respondent has not
deceived anyone, he has not committed forgery or cheating
and further held that he has not used the travelers cheuqe
 as genuine, for having reason to believe that the same was
forged.In these circumstances, there is no illegality in the
judgment passed by the      trial Court.   Consequently, the
appeal fails and is dismissed at motion stage itself.Record of the trial Court be sent back along with a
copy of this judgment for compliance and necessary
action.(G.S. Solanki)
                                       Judge
gn