Criminal Misc. No. M-5139 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: October 26,2009 (1) Criminal Misc. No. M-5139 of 2009 (O&M) Parminder Singh Johal .. Petitioner v. State of Punjab .. Respondent (2) Criminal Misc. No. M-8973 of 2009 (O&M) Mukhtiar Singh .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Gagneshwar Walia, Advocate for Mr. M. S. Longia, Advocate for petitioner-Parminder Singh Johal. Mr. Vijay Lath, Advocate for petitioner-Mukhtiar Singh. Mr. A. S. Brar, Senior Deputy Advocate General, Punjab. Mr. Mohit Jaggi, Advocate for the complainant. .. Rajesh Bindal J. This order will dispose of the above-mentioned two petitions, as the petitioners herein are accused in FIR No. 30 dated 5.2.2009, registered under Section 408 IPC, Police Station, City Rupnagar, which was registered on the complaint of Mohan Singh. As per the allegations in the FIR, the incident took place in July, 2005, for which the FIR was registered on 5.2.2009. The allegations are that the petitioners were working in Ropar Cooperative Truck Operators Goods Carriers Transport Society Ltd. and had misappropriated the funds of the society. Learned counsel for the petitioners submitted that the petitioners in Criminal Misc. No. M-5139 of 2009 [2] the present case had performed their duty diligently on instructions from their employer at the relevant time. They have merely been made scape-goat. Whatever amount was collected by them, the same was handed over to the office bearers of the society and there was no question of misappropriation thereof by the petitioners, as they were not the final authority. Learned counsel for petitioner-Parminder Singh Johal submitted that as far as receipt Annexure P2 dated 20.7.2005 is concerned, the same was not signed by him. As far as receipt Annexure P3 dated 19.1.2006 is concerned, the same was signed by the cashier and has been duly recorded in the books of accounts. The petitioner has been falsely implicated after new President of the Society took over on 18.12.2006, as the petitioner did not follow his arbitrary dictates. He even stood as a witness against him in proceedings before the Cooperative Department. A complaint was made to the Assistant Registrar, Cooperative Societies, with similar allegations which were found to be incorrect on investigation. As far as petitioner-Mukhtiar Singh is concerned, learned counsel for the petitioner submitted that he has not been named in the FIR. The amount, which was collected by the petitioner, was handed over to Karam Singh, member of the society. He did not retain any money with him, as whatever amount was collected was handed over to the office bearers. The incident being more than 3 years old, custodial interrogation of the petitioner is not required. They have already joined the investigation and ready to cooperate in future as well. On the other hand, learned counsel for the State submitted that initially the complaint was filed by the complainant on 15.9.2008 and after enquiry by the Senior Superintendent of Police, the petitioners were found guilty of the offence. Statements of the petitioners were recorded in which they admitted their guilt, which is sufficient for custodial interrogation of the petitioners. He further submitted that the petitioners have already joined the investigation. Supplementing the arguments raised by learned counsel for the State, learned counsel for the complainant submitted that it is not only two fake receipts which have been issued by the petitioners, rather, there are number of them. It is merely a tip of the ice berg. In fact, it is a fraud of lacs of rupees, as substantial amount received from the members has not been entered in the books of accounts. It was further pointed out that considering the irregularity committed in the Society, now the Administrator has been appointed. Heard heard learned counsel for the parties and perused the paper book. Criminal Misc. No. M-5139 of 2009 [3] It is a case where the alleged offence took place 3-4 years back. The allegation is that certain amount collected by the Society was mis-used either by the employees or the office bearers. There are allegations and counter-allegations. The matter is being investigated. It is not in dispute that the petitioners have already joined the investigation. Accordingly, the interim bail granted to the petitioners by this Court is made absolute. The petitions stand disposed of. (Rajesh Bindal) Judge October 26,2009 mk