Criminal Revision No.2132 of 2002 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No.2132 of 2002 Date of decision: 28.4.2009 Leela Dhar ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Karan S.Malik, Advocate for Mr.Ajay Pal Singh, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. The petitioner was convicted for an offence under Section 109 read with Sections 465/468/420/120-B of the Indian Penal Code (“IPC”- for short) vide judgment dated 25.11.1999 by the Judicial Magistrate, Ist Class, Sangrur. Vide order of the even date, the petitioner was sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs.200/- under each Section. All the sentences were ordered to run concurrently. Aggrieved by the Criminal Revision No.2132 of 2002 2 same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 22.10.2002 by the Additional Sessions Judge, Sangrur. Hence, the present revision petition. Prosecution case, as noticed by the Appellate Court in para 2 of its judgment, is reproduced herein below:- “The prosecution version against the appellant is that on receipt of letter from Sh. A.K.Gupta, Branch Manager of Union Bank of India, Branch Sangrur, in the office of SSP, Sangrur, case was registered against Krishan Nath son of Som Nath, Partap Singh s/o Sarup Singh, Madan Lal s/o Tarsem Lal and Leela Dhar under Section 420 read with Section 120-B I.P.C. It was mentioned in the letter that one person representing himself as Mr. Krishan Nath s/o Som Nath resident of House No. 215 Gali No. 4, Prem Basti Sangrur opened a saving bank account No. 6418 on 3.10.1986 on being introduced by Partap Singh s/o Sarup Singh r/o village Bangawali, Sagrur who had already saving account No. 6333. At that time clerk on duty was Mr. Janak Raj Gupta. That on 27.4.1987 Krishan Nath deposited Rs. 1000/- entry of which was made in ledger by Girdhari Lal Clerk concerned and it was checked by Sh. R.S.Agarwal accountant. On 22.6.1987 it came to the notice of the Bank that it has been robbed of Rs. 50000/- by adding Criminal Revision No.2132 of 2002 3 digit ‘5’ to digit ‘1000’ so as to make it to read as Rs. 51000/-. When enquired about this Girdhari Lal showed his ignorance. Krishan Nath issued five cheques, intentionally and dishonestly, amounting to Rs. 52500/- to Madan Lal having saving Bank account No. 25129, with Punjab National Bank, Sangrur i.e. (i) cheques No. 364 entered by Clerk Mr. Girdhari Lal for Rs. 2100/- checked by Mr. Dalip Khanna, Head Cashier, (ii) cheques No. 366 for Rs. 13500/- entered by clerk Mr. R.S. Thakur and checked by Mr. Harnek Singh Officer, (iii) cheques No. 368 for Rs. 15800/- entered by Clerk Girdhari Lal and checked by Mr. Harnek Singh Officer, (iv) cheque No. 371 for Rs. 11900/- entered by Clerk Mr. Raj Kumar and checked by Mr. Dalip Khanna, Head Cashier, (v) Cheque No. 367 entered by Clerk Girdhari Lal for Rs. 9200/- and checked by Mr. Harnek Singh, Officer. That Krishan Nath, Partap Singh, Madan Lal and Leela Dhar intentionally and dishonestly cheated the Bank to the tune of Rs. 50000/-. That the Bank has been trying to contact Krishan Nath on the given address but it was found that no such person is residing at the given address. Introducer Partap Singh is running a chemist shop opposite civil shoptalk, Sangrur, but he has shown his inability to produce the account holder Krishan Nath. Resultantly enquiry from Punjab National Bank, Sangrur Criminal Revision No.2132 of 2002 4 was made and it was found that Madan Lal in whose favour the cheques were issued by Krishan Nath had saving bank account with Punjab National Bank Sangrur. Said Madan Lal was also found not residing at the given address. He was introduced to the Bank by Leela Dhar. Thus the absence of Krishan Nath and Madan Lal at the given address and failure of introducers to give their whereabouts lead only to one conclusion that the persons representing themselves as Krishan Nath and Madan Lal might be bogus person. All the above facts show a criminal conspiracy amongst the persons, namely Krishan Nath, Partap Singh, Madan Lal, Leela Dhar to cheat the Bank. On receipt of aforesaid letter Ex. PW7/12 formal FIR Ex. PW6/1 was registered against the accused. Investigations was done by various police officers and lastly investigation was handed over to SI Kamal Ram. Accused Girdhari Lal was arrested on 6.4.90. During investigation he told that he was posted as Clerk cum Cashier on 19.7.82 in Union Bank of India, Sangrur. That on 3.10.96 Krishan Nath son of Som Nath House No. 215 Gali No. 4 Prem Basti, Sangrur opened saving bank account No. 6418 in the Bank. That Krishan Nath had filled in account opening for and got the same attested Criminal Revision No.2132 of 2002 5 from Sh. R.S.Aggarwal, Krishan Nath also wrote words Partap Singh in column introducer and got the same attested from Harnek Singh officer on duty in Union Bank of India, Sangrur. Girdhari Lal was operating account and money was deposited and withdrawn on various dates. That on 27.4.87 Girdhari Lal was on duty in ledger book section and he added ‘5’ to the balance of Rs. 2201.20 and also added digit ‘5’ to entry of Rs. 1000/- so as to make it to read as Rs. 52201.20 and Rs. 51000/-. Thereafter various cheques were issued by Kirishan Nath in favour of Madan Lal and the same were encashed by him as Madan Lal and said amount was deposited in the account of Madan Lal in Punjab National Bank. It is further alleged that Girdhari Lal had put his signatures on behalf of Madan Lal and Krishan Nath on the cheques in order to commit fraud upon the Bank. After completion of investigation challan against the accused was presented in the lower court who supplied copies of challan and documents attached therewith to all the accused as required u/s 207 Cr.P.C. and on consideration of the aforesaid documents found prima facie case under Section 420, 465, 468, 471, 120-B of IPC and charge sheeted the accused persons accordingly to which they pleaded not guilty and claimed trial.” Criminal Revision No.2132 of 2002 6 Learned counsel for the petitioner during the course of arguments has submitted that the petitioner had merely identified Madan Lal, who had encashed the cheques issued by Krishan Nath. Entry in the ledger from Rs.1,000/- to Rs.51,000/- was made by Girdhari Lal, Clerk. Learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 109 read with Sections 465/468/420/120-B IPC but has submitted that the sentence qua imprisonment of the petitioner be reduced to as already undergone by him. The petitioner has undergone actual sentence of about two months. Keeping in view the submissions made by learned counsel for the petitioner, it is a fit case where the sentence of imprisonment of the petitioner is liable to be reduced to already undergone by him. Accordingly, conviction of the petitioner under Section 109 read with Sections 465/468/420/120-B IPC is maintained. However, sentence of imprisonment of the petitioner is reduced to as already undergone by him. With this modification, the present revision petition is disposed of. (SABINA) JUDGE April 28, 2009 anita