G S RAO Vs. STATE
LAWS(APH)-1980-2-9
HIGH COURT OF ANDHRA PRADESH
Decided on February 25,1980

G.S.RAO Appellant
VERSUS
STATE Respondents


Referred Judgements :-

STATE VS. GARASIA NATHUBHA [REFERRED TO]
STATE VS. GALL CHALAPATHI RAO [REFERRED TO]
STATE VS. SUKHSINGH [REFERRED TO]


JUDGEMENT

- (1.)This revision is directed against the order passed by the Second Additional Munsif Magistrate, Visakhapatnam in Crl.M.P.No. 339/1979 in Crime No. 63/1979 of No. 2 Town, Police Station, Visakhapatnam.
(2.)The petitioner is the accused in Crime No. 63/1979 and was arrested by the No. 2 Town Crime Police, Visakhapatnam on the allegation that the accused of tained a demand draft for a sum of Rs. 51/- from the State Bank of Hyderabad and chemically altered the said draft and made it to appear for Rs. 85.000/-, that on 2-2-1979 the accused opened a Savings Benk Account at Vijaya Bank, Visakhapatnam with an amount of Rs. 101/- and he presented the said forged draft on 3-2-1979 for collection through Vijaya Bank. The accused was, therefore, charged with offences under Sections 420, 468 and 471 I.P.C., During the year, 1977 the accused is alleged to have obtained a demand draft for RE. 21/- in the name of B. Manjunatha Babu on 18-7-1977 at Canara Bank, Beluru Branch of Karnataka State to be drawn on the said Bank at Hubli Branch and the accused in the said case also chemically altered the draft to make it appear that it was issued for Rs. 16,000/- and presented the same to Andhra Bank, Machilipatnam after opening an account in the name of M. Munuswamy Naidu and the officials detected the fraud and gave a report. Similarly another draft was obtained for Rs, 16-60 in the name of B. Manjunatha Babu at Canara Bank, Beluru of Karnataka State to be drawn in Hubli Branch. Even in this case the draft was chemically altered to make it appear as Rs. 21,600/- and presented the same to Andhra Bank Rajahmundry. On 2-8-1977 and 3-8-1977, the accused in the said case issued cheques in favour of G.P. Reddy and G.S. Rao and withdrew the entire amount. After coming to know about the fraud and on the report given by the Manager, Canara Bank Rajahmundry a case in crime No. 178/ 77 under Sec.420 IPC. was registered at No.1 Town Police Station Rajahmundry on 17.8.77. A similar offence was also committed when the accused obtained a demand draft for Rs. 20/- in the name of B. Mohan at Canara Bank, Beluru on 4-7-1977 and an account in the Andhra Bank, Nellore was opened and an amount of Rs. 12,600/- was drawn after chemically altering the said draft to appear as Rs. 12.600/- and in this case also, cheques were issued in the name of two persons G. Prabhakara Rao and Bhaskara Ready who withdrew the complete amount and after detecting the fraud and on the report given by the Manager, Canara Bank, Nellore a case Crime No. 277/1977 under Sections 420 and 468 I.P.C., was registered on 29 10-1977 at Nellore No. Ill Police Station. All the above cases are under investigation by the Crime Branch, C.I.D., Vijayawada Division.
(3.)The accused was arrested by II Town Police Station, Visakha-patnam in Crime No. 63/1979 and was remanded to judicial custody. The present petition (Crl.M.P. No. 336/1979) was filed by the Inspector of Crime Branch C.I.D , Zone No. 23, Vijayawada with a request that the accused should be handed over to the police for interrogation in connection with the other cases which are under investigation. He also produced C.Ds and various documents in the prior cases before the learned Magistrate to satisfy him about the truth of the allegations in the petition. The petition was opposed by the respondent therein.


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