Criminal Revision No.2142 of 2002 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.2142 of 2002 Date of Decision: April 30, 2009 Om Parkash Gaur ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.R.S.Sihota, Senior Advocate, with Mr.Ashok Kumar Sharma, Advocate for the petitioner. Mr.Sidharath Sarup, Assistant Advocate General, Haryana ** Sabina, J. Petitioner was convicted under Section 409 of the Indian Penal Code (`IPC' for short) vide judgment dated 6.12.2000 by the Judicial Magistrate Ist Class Faridabad. Vide order dated 8.12.2000, petitioner was sentenced to undergo rigorous imprisonment for two years under Section 409 IPC and pay a fine of Rs.2000/-. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Faridabad vide judgment dated 16.10.2002. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- “On 26.3.93, Om Parkash accused and who was posted as Clerk Criminal Revision No.2142 of 2002 2 with Syndicate Bank, Sikri was sent for depositing a cash amount of Rs.1,00,000/- in Ballabgarh Branch. But neither he deposited that amount nor reported back in the branch. On 26.3.93 at about 2.45 P.M., Om Parkash Gaur was seen going towards the Southern side of Sikri branch alongwith a brief-case containing Rs.1,00,000/-. At that time, he was wearing shirt and trouser. It was reported that before depositing that amount, the Branch had completed all the formalities. Earlier also, similar practice was being adopted for sending cash with other officials of the bank. On 30.3.93 when Shri Gaur did not return to the Branch then an enquiry was made and it transpired that the amount has not been deposited with Ballabgarh Branch. Shri J.S.Yadav, Manager also inspected the accounts and found that from 26.3.93 to 27.3.93, the cash amount of Rs.1,00,000/- was not deposited by Shri Om Parkash Gaur. A brother of Mr. Gaur also informed Sikri branch that Mr. Om Parkash Gaur was seen going towards branch on 26.3.93 and after that did not return. So, a complaint in this regard Ex.PA was made with the police by Sh.J.S.Yadav Manager and on the basis of which an endorsement was made and formal FIR Ex.PW7/A was registered against the accused. Investigations commenced. Copies of cash Scroll, attendance register, branch adjustment register and cheque Ex.P1 to Ex.P4 respectively were collected. Accused was arrested on 30.4.93. Statements of the witnesses were recorded. After usual investigations, the police found sufficient grounds to proceed against the accused and as such a challan was filed against him in the court of Illaqa Criminal Revision No.2142 of 2002 3 Magistrate to face trial" Learned counsel for the petitioner, during the course of arguments has not challenged the conviction of the petitioner under Section 409 IPC. Learned counsel has further submitted that out of the disputed amount of Rs.1,00,000/- , Rs.50,000/- stood already deposited on 13.5.1993. Petitioner was ready to deposit the remaining amount of Rs.50,000/- with the complainant-Bank. Petitioner was facing criminal proceedings since the year 1993 and his sentence qua imprisonment be reduced to already undergone by the petitioner. Accordingly, keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the petitioner. Hence, the conviction of the petitioner under Sections 409 IPC is maintained and the sentence qua the imprisonment of the petitioner is reduced to already undergone by him subject to the condition that the petitioner shall deposit Rs.50,000/- with the complainant-Bank within six weeks' from today failing which the petition shall stand dismissed. Petition stands disposed of. (Sabina) Judge April 30, 2009 arya