Gujarat High Court
State Of Gujarat vs Allabax Rahimbax Shaikh on 6 June, 2025
NEUTRAL CITATION
R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 181 of 1999
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
and
HONOURABLE MR.JUSTICE P. M. RAVAL
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Approved for Reporting Yes No
✔
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STATE OF GUJARAT
Versus
ALLABAX RAHIMBAX SHAIKH & ANR.
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Appearance:
MR HARDIK SONI APP for the Appellant(s) No. 1
ABATED for the Opponent(s)/Respondent(s) No. 1
MR BOMI H SETHNA(5864) for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
and
HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 06/06/2025
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE NIRAL R. MEHTA) [1] The present Appeal under Section 378 of the Code of Criminal Procedure, 1973 is directed against judgment and order dated 15th January 1999 passed by learned Additional Sessions Judge, Rajkot in Sessions Case No.99 of 1998, by which, the Page 1 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined learned Additional Sessions Judge was pleased to acquit the accused for the offences under Sections 420, 465, 255, 467, 468, 477(A), 472, 484, 488 read with Section 114 of the Indian Penal Code.
[2] The facts of the case can be stated as under:
[2.1] That the complainant - Kiritkumar Motilal Christi, Deputy Superintendent of Post, Rajkot Division, Rajkot lodged a written complaint dated 17th September 1995 with the Morbi Police Station against the accused persons for making fake and fabricated four Money Orders amounting to Rs.2,000/- each vide (i) Money Order No.413 dated 23rd August 1995 for Rs.2,000/- recipient of Dariyalal Electronics, Morbi paid on 5th September 1995; (ii) Money Order No.414 dated 23rd August 1995 for Rs.2,000/-
recipient of Dariyalal Electronics, Morbi paid on 5th September 1995; (iii) Money Order No.415 dated 23 rd August 1995 for Rs.2,000/- recipient of Dariyalal Electronics, Morbi paid on 8 th September 1995 and (iv) Money Order No.416 dated 23 rd August 1995 for Rs.2,000/- recipient of Dariyalal Electronics, Morbi paid on 8th September 1995. The said written complaint can be thus Page 2 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined translated as under:
I, Mr. Kiritkumar Motilal Christy, Age:54 years, occupation: service, residence: Postal Colony, Gondal Road, Rajkot, hereby give my written complaint today at Morbi.
On 13/09/1995, it was informed by the Post Master General, Rajkot Division vide his letter No.GNV 7/1/RVR/95/96, dated 13/09/1995 that bogus payment was made in total 13 M.O. at Rajkot and Morbi. The person sending the M.O. namely Mr. B.B.Sheth has given the address of Mount Abu. In pursuance of the order, I had conducted preliminary investigation of total 4 M.O. of Morbi on 14/09/1995. In this regard, I had conducted the preliminary inquiry on 14/09/1995. It was found that the recipient of the M.O. had received the sum of Rs.8,000/- (Eight Thousand only) through 4 Money orders. The details of the Money orders are mentioned below.
Sr. M.O. Date Amount Person receiving the Date of No. No. M.O. payment 1 413 23/08/1995 2000 Dariyalal Electric 05/09/199 Company, Mahajan 5 Chowk, Morbi 2 414 23/08/1995 2000 As above 05/09/199 5 3 415 23/08/1995 2000 As above 08/09/199 5 4 416 23/08/1995 2000 As above 08/09/199 5 Page 3 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined Upon inquiring about the above mentioned amount of Rs.8000/- paid from Morbi Post Office vide M.O. No.413, 414, 415, 416, it was found that no such Money orders were dispatched from Teharka (M.P.) post office and no entry was made in the Register in that regard. Mr. B.B.Sheth used the oblong stamp, fabricated writing and signatures of the Post master and clerk and amount of Rs. Two Thousand was mentioned in each of the Money order form from any post office or R.M.S. office. Without paying the aforesaid amount at Teharka Post Office, affixed fabricated stamps in the name of the party as mentioned above in the Money order form and dispatched the same by any means and thereby the aforementioned party was paid the sum of Rs.8,000/- by Morbi Post Office as mentioned in the Money order.
The M.O. oblong stamp (seal) which is to be affixed by the dispatching office, was fabricated and it was affixed on the aforementioned four Money order forms. In the aforesaid rubber seal (oblong), name of Teharka post office is mentioned as dispatching office and name of the District is mentioned as Tikamgadh and issue date is mentioned as 23/08/1995. Name of the audit is mentioned as B.H.Bhopal (B.H.) and name of the month is mentioned as :A.U.G.:
August. The aforesaid seal was fabricated and Money order form was annexed. Thus, fabricated document was prepared and the same was dispatched by any means for the payment Page 4 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined of Money order. No person was found at Mount Abu by the name of B.B.Sheth.
Thereafter, upon inquiring with the party mentioned in the Money order form namely Shri Sunil Dariyalal Electronics, Mahajan Chowk, Morbi, he stated that he had received the sum of Rs.8000/- (Eight Thousand only) in total 4 Money orders through postman. The sum of Rs.4000/- was received on 05/09 and then another sum of Rs.4000/- was received on 08/09/1995. Further, aforesaid amount was sent for Videocon VCR system and he will collect the said item in few days. Upon being asked the description of the aforesaid person, he stated that the said person was about six feet tall, has henna applied on his hands, wore prescription glasses and round Muslim cap on his head. He stated that he can identify the person upon seeing him. The above described persons namely, B.B.Sheth committed cheating with the Post Office by making payment with bogus Money order. It was informed at this office that the aforesaid person was about to come at Dariyalal Electric. Since I was occupied with the inquiry of any other bogus Money order, the complaint was not given immediately on 14/09.
Similarly, bogus Money orders were dispatched to Rajkot by Mr. B.B.Sheth. He was about to come at Span Power Company, Raj chamber, near Manivava Petrol Pump. Page 5 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025
NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined Therefore, I intimated the Commissioner for conducting the investigation. Accordingly, the said person was detained by Rajkot police on 16/09/1995.
Accordingly, Mr. B.B.Sheth, without depositing the sum of Rs.8000/- (Eight Thousand only) at Post Office, used fabricated Money order form through any person at post office or R.M.S. and dispatched the same for payment. All of those Money orders were paid to the aforesaid party by Morbi post office. Thus, Mr. B.B.Sheth used fabricated stamp and committed cheating of Rs.8000/-. Therefore, I hereby lodge the complaint against him. My witnesses are the concerned officer of Tahelka Post Office (Trikamgadh H.O.), the aforesaid party Dariyalal Electronics and the postman namely, Mr. Mansukhlal Hiradas Vaishnav who went to make the payment and whoever is found during the investigation.
I submit the xerox copies of the aforementioned four Money order forms herewith.
The aforesaid complaint is true and correct as dictated by me.
Morbi Your Faithfully,
17/09/1995 Sd/- (illegible)
D.S.P.OS Rajkot
Typed by Compared by
Sd/- (illegible) Sd/- (illegible)
G.N.Trivedi Junior Clerk
Junior Clerk
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NEUTRAL CITATION
R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025
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[2.2] The aforesaid Money Orders alleged to have been
issued from the post office of Teharka (Madhya Pradesh) fabricating the said Money Orders as well as forging the signatures of Postmaster and Clerk, all the four Money Orders in the total sum of Rs.8,000/- sought to be paid from the Morbi Post Office in favour of Dariyalal Electronics. Accordingly, the offence punishable under Sections 420, 465, 255, 467, 468, 477(A), 472, 484, 488 read with Section 114 of the Indian Penal Code was registered by the Morbi Police Station and thereafter, the Morbi Police Station, after proper investigation, filed chargesheet against the present accused and accordingly, the case was committed to the Court of Sessions being Sessions Case No.99 of 1998 at Rajkot. [2.3] On committal of the case, the learned Additional Sessions Judge, Rajkot, vide its order 21 st July 1998, below Exhibit : 7 framing charge against the accused. The charge was read over and explained to the accused. The statement of respondent - accused was recorded, wherein the respondent - accused pleaded not guilty to the charge and claimed to be tried. Page 7 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025
NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined [2.4] In order to bring home the charge leveled against the accused, the prosecution has examined as many as following 22 witnesses:
PW Name of Witness Exh.
No. No.
1 Kiritkumar Motilal Christi 11
2 Laxmanbhai Kalabhai Chavda 23
3 Pushpaben Mukundrai Joshi 32
4 Dhaniyaribhai Premgiribhai Gosai 33
5 Kiritkumar Narbheram Savaliya 35
6 Hasmukhray Deepchand Mehta 37
7 Sunilbhai Hiralal Tarasthani 39
8 Pradipbhai Amrutlal Parmar 40
9 Arvindbhai Chaturbhai Jadav 41
10 Sureshchandra Kacharabhai Rathod 42
11 Bhanubhai Laxmanbhai Dodiya 43
12 Sambodhchandra Shantilal Shah 44
13 Gandalal Bhimjiray 45
14 Madhusudan Kantilal Vyas 46
15 Mansukhlal Hiralal Vaishnav 47
16 Ashokbhai Bhikhabhai Shrimali 52
17 Iqbalkhan Firozkhan Pathan 56
18 Arifbhai Abdul Gafar 57
19 Maldebhai Virambhai Parmar 60
20 Naranbhai Ramjibhai Parmar 61
21 Umakant Vallabhram Upadhyay 70
22 Dhanjibhai Parbatbhai Nandasana 109
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NEUTRAL CITATION
R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025
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[2.5] The prosecution has also produced the following
documentary evidence:
Sr. Particulars Exh.
No. No.
1 Money Order Form No.413 14
2 Money Order Form No.414 15
3 Money Order Form No.415 16
4 Money Order Form No.416 17
5 Complaint 20
6 Money Order Acknowledgment Slip 24
7 Money Order Acknowledgment Slip 25
8 Money Order Acknowledgment Slip 26
9 Money Order Acknowledgment Slip 27
10 High Value Money Order List 18
11 High Value Money Order List 19
12 Panchnama dated 18.09.1995 of seizure of 36
Money Order Coupon
13 Panchnama of seizure of Money Order Form 34
14 Letter written to Handwriting Expert by 71
Morbi P.S.I. (with four pages dated
10.10.1995)
15 Different types of Forms of Money Order 72 to 94
16 Handwriting Expert Report 95
17 Reasons for opinion 96
18 Different types of Eight Photographs 97 to 107
19 Panchnama regarding Shop shown by 111
accused Allabax
20 Panchnama regarding signature in Money 110
Order No.413 to 416
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NEUTRAL CITATION
R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025
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21 Letter No.363 dated 25.10.1995 written by 30
Sub Postmaster, Teharka
22 Panchnama of seizure of stamp and seal from 53
the accused
23 Deputation Order by P.S.O., Morbi city to 65
P.S.I. Nandasaniya.
24 Copy of entry No.95 in the Diary of Morbi 64
City Police Station
[2.6] After recording the evidence of the prosecution,
the Learned Additional Sessions Judge, Rajkot explained the same to the respondent - accused and recorded his plea. In the plea, accused denied the case of the prosecution in entirety. According to the accused, he has been roped in a false case for the offences stated hereinabove. However, accused has neither led any evidence nor did he examine any witness in support of his defence. [2.7] At the end of trial, the learned Additional Sessions Judge, Rajkot was pleased to acquit the respondent - accused for the offence under Sections 420, 465, 255, 467, 468, 477(A), 472, 484, 488 read with Section 114 of the Indian Penal Code holding, inter alia, that the prosecution has failed to prove the charge beyond reasonable doubt.
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NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined [3] Being aggrieved and dissatisfied by the order of acquittal dated 15th January 1999 passed by learned Additional Sessions Judge, the State has approached this Court by way of present Appeal under Section 378 of the Code, 1973. [4] We have heard learned Additional Public Prosecutor Mr. Hardik Soni for the appellant - State of Gujarat. [4.1] It was contended by learned Additional Public Prosecutor for the appellant that the judgment and order of acquittal is against the provisions of law. It was contended that the trial court has not properly appreciated the evidence produced on record in its true perspective and that has resulted into serious miscarriage of justice. It was further contended that the ingredients of all the offences under Sections 420, 465, 255, 467, 468, 477(A), 472, 484, 488 read with Section 114 of the Indian Penal Code were proved, however, the learned trial court had miserably failed in construing the same that too by ignoring overwhelming evidence against the accused and that has resulted into perversity. Learned Additional Public Prosecutor has also taken this Court through entire oral as well as documentary evidence and submitted that the Page 11 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined charges against the accused person stands proved and thereby, the impugned order of acquittal be quashed and set aside by recording conviction against the accused person in the interest of justice. [5] Having heard learned Additional Public Prosecutor for the appellant - State and having perused the material on record, the short question that falls for consideration of this Court is whether the judgment and order passed by the learned Additional Sessions Judge recording acquittal of the accused from the offences under Sections 420, 465, 255, 467, 468, 477(A), 472, 484, 488 read with Section 114 of the Indian Penal Code is justified? [6] Before deciding the aforesaid question, at the outset, it is required to be noted that the present Appeal is against the order of acquittal. Thus, in my view, the law laid down by the Hon'ble Apex Court with regard to the principles governing acquittal appeals deserves to be taken note of.
[6.1] The Apex Court has very succinctly explained in catena of decisions the principles which are required to be kept in mind while deciding the acquittal appeals. In the case of M.S. Narayan Page 12 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined Menon @ Mani v. State of Kerala [(2006) 6 SCC 39], the Apex Court has discussed the powers of the High Court in appeal against the order of acquittal. Relevant observations in para-54 of the decision is reproduced hereinbelow.
"54. In any event the High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising the revisional jurisdiction. Even while exercising an appellate power against a judgment of acquittal, the High Court should have borne in mind the well settled principles of law that where two view are possible, the appellate Court should not interfere with the finding of acquittal recorded by the Court below."
[6.2] Further, in the case of Chandrappa v. State of Karnataka [(2007) 4 SCC 415], the Apex Court laid down the following principles.
"42. From the above decisions, in our considered view, the following general principles regarding powers of the appellate Court while dealing with an appeal against an order of acquittal emerge;
[1] An appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
[2] The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate Court on the evidence before it may reach its own conclusion, both on questions of fact Page 13 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined and of law.
[3] Various expressions, such as, "substantial and compelling reasons", "good and sufficient grounds", "very strong circumstances", "distorted conclusions", "glaring mistakes", etc. are not intended to curtain extensive powers of an appellate Court in an appeal against acquittal. Such phraseologies are more in the nature of "flourishes of language" to emphasis the reluctance of an appellate Court to interfere with acquittal than to curtail the power of the Court to review the evidence and to come to its own conclusion.
[4] An appellate Court, however, must bear in mind that in case of acquittal there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent Court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial Court.
[5] If two reasonable conclusions are possible on the basis of the evidence on record, the appellate Court should not disturb the finding of acquittal recorded by the trial Court."
[6.3] In case of State of Goa v. Sanjay Thakran [(2007) 3 SCC 75], the Apex Court has reiterated the powers of the High Court in such cases. In para-16 of the said decision, the Apex Court has observed as under.
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NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined "16. From the aforesaid decisions, it is apparent that while exercising the powers in appeal against the order of acquittal the Court of appeal would not ordinarily interfere with the order of acquittal unless the approach of the lower Court is vitiated by some manifest illegality and the conclusion arrived at would not be arrived at by any reasonable person and, therefore, the decision is to be characterized as perverse. Merely because two views are possible, the Court of appeal would not take the view which would upset the judgment delivered by the Court below. However, the appellate Court has a power to review the evidence if it is of the view that the conclusion arrived at by the Court below is perverse and the Court has committed a manifest error of law and ignored the material evidence on record. A duty is cast upon the appellate Court, in such circumstances, to reappreciate the evidence to arrive to a just decision on the basis of material placed on record to find out whether any of the accused is connected with the commission of the crime he is charged with."
[6.4] Yet in another decision, the law has been reiterated by the Apex Court in case of State of U.P. v. Ram Veer Singh [2007 AIR SCW 5553] and in Girja Prasad (Dead) by L.R.s v. State of M.P. [2007 AIR SCW 5589].
[6.5] Thus, it is a settled principle that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial Page 15 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined Court.
[6.6] In case of Luna Ram v. Bhupat Singh [(2009) SCC 749], the Apex Court in paras-10 and 11 has held as under.
"10. The High Court has noted that the prosecution version was not clearly believable. Some of the so called eye witnesses stated that the deceased died because his ankle was twisted by an accused. Others said that he was strangulated. It was the case of the prosecution that the injured witnesses were thrown out of the bus. The doctor who conducted the postmortem and examined the witnesses had categorically stated that it was not possible that somebody would throw a person out of the bus when it was in running condition.
11. Considering the parameters of appeal against the judgment of acquittal, we are not inclined to interfere in this appeal. The view of the High Court cannot be termed to be perverse and is a possible view on the evidence."
[6.7] Yet in an another decision of the Apex Court in the case of Mookkiah v. State. Rep. by The Inspector of Police, Tamil Nadu [AIR 2013 SC 321], the Apex Court in para-4 has held as under:
"4. It is not in dispute that the trial Court, on appreciation of oral and documentary evidence led in by the prosecution and defence, acquitted the accused in respect of the charges leveled against them. On appeal by the State, the High Court, by impugned order, reversed the said decision and convicted the Page 16 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined accused under Section 302 read with Section 34 of IPC and awarded RI for life. Since counsel for the appellants very much emphasized that the High Court has exceeded its jurisdiction in upsetting the order of acquittal into conviction, let us analyze the scope and power of the High Court in an appeal filed against the order of acquittal. This Court in a series of decisions has repeatedly laid down that as the first appellate court the High Court, even while dealing with an appeal against acquittal, was also entitled, and obliged as well, to scan through and if need be reappreciate the entire evidence, though while choosing to interfere only the court should find an absolute assurance of the guilt on the basis of the evidence on record and not merely because the High Court could take one more possible or a different view only. Except the above, where the matter of the extent and depth of consideration of the appeal is concerned, no distinctions or differences in approach are envisaged in dealing with an appeal as such merely because one was against conviction or the other against an acquittal. [Vide State of Rajasthan vs. Sohan Lal and Others, (2004) 5 SCC 573]"
[6.8] It is also a settled legal position that in acquittal appeals, the appellate Court is not required to rewrite the judgment or to give fresh reasonings, when the reasons assigned by the Court below are found to be just and proper. Such principle is laid down by the Apex Court in the case of State of Karnataka v. Hemareddy [AIR 1981 SC 1417], wherein it is held as under:
"... This Court has observed in Girija Nandini Devi V. Page 17 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined Bigendra Nandini Choudhary (1967) 1 SCR 93: (AIR 1967 SC 1124) that it is not the duty of the Appellate Court on the evidence to repeat the narration of the evidence or to reiterate the reasons given by the trial Court expression of general agreement with the reasons given by the Court the decision of which is under appeal, will ordinarily suffice."
[6.9] Thus, in case the appellate Court agrees with the reasons and the opinion given by the lower Court, then the discussion of evidence is not necessary.
[6.10] The Apex Court in Shivasharanappa v. State of Karnataka [JT 2013 (7) SC 66] has held as under.
"That appellate Court is empowered to reappreciate the entire evidence, though, certain other principles are also to be adhered to and it has to be kept in mind that acquittal results into double presumption of innocence."
[6.11] In a very recent decision in case of Babu Sahebagouda Rudragoudar v. State of Karnataka [2024 SCC OnLine SC 561], the Apex Court has reiterated the principles governing the appeal against acquittal recorded by the trial court, which can be quoted as under:
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NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined "(a) That the judgment of acquittal suffers from patent perversity;
(b) That the same is based on a misreading/omission to consider material evidence on record;
(c) That no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record."
[7] Keeping in mind the aforesaid proposition of law, now we would like to proceed and evaluate relevant and important evidence, the evidence of PW 1 - Kiritbhai Motilal Christi, complainant at Exhibit : 11, PW 7 - Sunil Hiralal, owner of Dariyalal Electronics at Exhibit : 39, PW 2 - Laxmanbhai Kalabhai Chavda, Public Relation Inspector at Exhibit : 23 and PW 3 - Pushpaben Mukundray Joshi, Money Order Clerk at Morbi Post Office at Exhibit : 32. On overall scrutiny and evaluation of the aforesaid evidence, it appears that before lodgment of the written complaint with regard to bogus Money Orders, the same is alleged to have been issued by the Madhya Pradesh Post Office but the complainant has not personally verified with the Office of the Madhya Pradesh Post Office. Only on the basis of the letter issued by the Teharka Post Office at Madhya Pradesh at Exhibit : 30, the Page 19 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined complainant appears to have filed the aforesaid complaint. During the course of trial, the very letter at Exhibit : 30, by which, the Teharka Post Office (Madhya Pradesh) has stated that those Money Orders are not issued by them, no witnesses were examined by the prosecution from the Office of the Teharka Post Office (Madhya Pradesh). More over, no record of the Teharka Post Office such as register with regard to Money Order, Commission Receipt Book were examined and produced before the Court. It is important to note that as stated hereinabove, the Postmaster and Assistant Clerk of the Teharka Post Office (Madhya Pradesh) whose signatures alleged to have been forged, are not examined. In our view, in a case of forgery of signature, a person whose signature alleged to have been forged, is a crucial witness. A person whose signature alleged to have been forged ought to have been examined so as to corroborate the case of the prosecution. Admittedly, neither the Postmaster nor the Assistant Clerk of the Teharka Post Office (Madhya Pradesh) have been examined. Thus, this Court has reasoned to believe that the source from where the forgery and / or fabrication as alleged has not been properly investigated and thus, the allegation of forgery from its inception cannot be said to have Page 20 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined been proved beyond reasonable doubt.
[7.1] On perusal of the evidence of the Prosecution Witnesses 17 and 18 working in the Rajkot RMS Department, it is clearly stated that Money Orders were received from the Ahmedabad RMS Office and prepared at Teharka Post Office (Madhya Pradesh). On further consideration of the evidence of PW 14, who happens to be the Postmaster working in the Morbi Post Office, stated that the aforesaid Money Orders have been received from the Rajkot Post Office and was to be paid to Sunilbhai Hiralal Tarasthani at Morbi. According to the said witness PW 14, the said Money Orders have been listed in the Rajkot RMS Post Office on a high value list. On overall consideration of the evidence of the aforesaid evidence, it appears to this Court that all the aforesaid Money Orders have been prepared at Madhya Pradesh sent to Ahmedabad by the Railways, then the Ahmedabad RMS Office has sent to the Rajkot RMS and from the Rajkot RMS Office, all the aforesaid Money Orders were received by the Morbi Post Office for final payment to Sunilbhai Hiralal Tarasthani, owner of the Dariyalal Electronics, Morbi - PW
7. If we consider the evidence in its entirety, it is not clearly coming Page 21 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined out that it is the accused who has forged and fabricated the Money Orders. The prosecution appears to have failed to connect the accused with the alleged offence by way of any cogent evidence. In our view, the prosecution has miserably failed in proving the case against the accused beyond reasonable doubt. At this stage, it is also required to be noted that qua the respondent No.1 herein - accused, present appeal is already ordered to be abated by the Coordinate Bench of this court vide order dated 14th March 2017, who alleged to be the main accused.
[7.2] Keeping in mind the aforesaid aspect and upon careful consideration of the entire evidence on record, the role of the respondent No.2 herein - accused is also not established beyond reasonable doubt. The allegations against the respondent No.2 herein - accused with regard to the offence punishable under Section 114 of the Indian Penal Code, no cogent and / or convincing evidence produced by the prosecution so as to connect the respondent No.2 - accused with the crime. [8] In view of the aforesaid, we are of the considered opinion, that the findings of fact recorded by the learned Trial Page 22 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined Court cannot be faltered. We did not find any infirmity in the order passed by the learned Additional Sessions Judge so as to interfere in this case. The judgment and order of acquittal, acquitting the present respondent - original accused by the learned Additional Sessions Judge, Rajkot is just and proper. The evidence on record will not permit this Court to take a different view than that of taken by the learned Additional Sessions Judge. Even looking to the present Appeal, nothing is produced or pointed out to rebut the conclusion of the Trial Court. Even looking to the evidence on record, the learned Additional Public Prosecutor could not persuade this Court to take a different view than that of taken by the learned Additional Sessions Judge.
[9] In above view of the matter, we are of the considered opinion that the learned Trial Court was completely justified in acquitting the respondent herein - original accused. We find that the findings recorded by the learned Trial Court are absolutely just and proper and in recording the said findings, no illegality or infirmity has been committed by it. We are, therefore, in complete agreement with the findings, ultimate conclusion and the resultant Page 23 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025 NEUTRAL CITATION R/CR.A/181/1999 JUDGMENT DATED: 06/06/2025 undefined order of acquittal recorded by the Court below, and hence, find no reasons to interfere with the same.
We answer the question accordingly.
[10] In the result, the present Appeal is hereby dismissed. [11] The impugned judgment and order of acquittal dated 15th January 1999 passed by learned Additional Sessions Judge, Rajkot in Sessions Case No.99 of 1998 is hereby confirmed. [12] Record and Proceedings to be sent back to the Trial Court concerned.
(NIRAL R. MEHTA,J) (P. M. RAVAL, J) CHANDRESH Page 24 of 24 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 21:34:17 IST 2025