IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Rev 213 of 2009 Date of decision: 16.3.2009 Ram Dass …Petitioner Versus State of Punjab …Respondent Present: Mr Parveen Kumar, Advocate for the petitioner. Mr PS Sidhu, Addl AG Punjab. S.S.SARON, J. Heard counsel for the parties. This revision petition has been filed by the petitioner against the order dated11.12.2008 passed by the learned Additional Sessions Judge, Hoshiarpur whereby his appeal against the order dated 2.3.2001 passed by the learned JMIC Hoshiarpur has been dismissed. The FIR in the case was registered on the complaint dated 8.4.1991 made by Sh BL Narang, Senior Manager of Punjab National Bank, Kot Fatuhi. It has been alleged that the petitioner – Ram Dass was working as a Teller in the Punjab National Bank. On 13.10.1987, he put false signatures of Mohan Singh and withdrew an amount of Rs 2,000/- from his account. When an inquiry was conducted, it was found that the petitioner had embezzled an amount of Rs 35,500/-. He withdrew the money from the accounts of H.Nagra and Manohar by appending their signatures. Surinder Pal, another employee of the Bank had colluded with the petitioner and thereby they entered into a conspiracy of committing fraud with the Bank by Cr Rev 213 of 2009 2 withdrawing money from different accounts of various persons by signing withdrawal slips. On the allegations, the matter was investigated and challan filed in the Court. The learned trial Court framed charges for the offences under Sections 419, 465, 471, 468 and 120B IPC against petitioner – Ram Dass and his co-accused – Surinder Pal. They pleaded not guilty to the charges. The prosecution, in order to establish the charges produced oral and documentary evidence on record. The learned trial Court after considering the evidence and material on record, observed that the petitioner had committed embezzlement by withdrawing amounts from various account holders. The withdrawal by the petitioner – Ram Dass was held to be proved on the deposition of BL Narang, Senior Manager (PW2). It was held that the guilt of the petitioner was proved beyond any shadow of doubt. The amounts withdrawn on various dates have been duly mentioned in the order of the learned trial Magistrate. Accordingly, the petitioner was convicted and sentenced to undergo RI for 9 months for the offence under Section 419 IPC along with a fine of Rs 2,000/- and in default of payment of fine, to undergo simple imprisonment for 2 months. He was further ordered to undergo RI for one year for forgery for the purpose of cheating under Section 468 IPC along with a fine of Rs 3,000/- and in default of payment of fine, to further under simple imprisonment for 3 months. He was further ordered to undergo RI for 9 months for the offence committed under Section 471 IPC. Besides, he was sentenced to undergo RI for 6 months for the offence under Section 465 IPC. All the sentenced were ordered to run concurrently. The said order of the learned trial Magistrate has been upheld by the learned Additional Sessions Judge Hoshiarpur vide his impugned order dated 11.12.2008. Cr Rev 213 of 2009 3 Learned counsel for the petitioner has submitted that the alleged forgery pertains to the year 1986-87. It is submitted that the petitioner was proceeded against by way of departmental inquiry in 1991 and he has been dismissed from service. Thereafter the FIR was lodged in the year 1994 i.e. after more than 3 years of the completion of the inquiry and after 7 years of the commission of the offence. The inordinate and unexplained delay has not been considered. It is submitted that the petitioner has faced the travails of the trial for the last 14 years; however, this aspect has not been taken into account. It is also submitted that there is no one in the family to look after his children. In response, learned State counsel submits that the petitioner is not entitled to be released keeping in view the fact that he is an employee of the Bank and, therefore, it was not expected of him to forge the signatures of the customers of the Bank and withdraw the money from their accounts. After giving my thoughtful consideration to the matter, it may be noticed that as per the custody certificate filed in Court today, the petitioner till 5.3.2009 has undergone imprisonment of 2 months and 22 days. The allegations against the petitioner are serious inasmuch as it has been alleged that he had embezzled the amounts from the account holders of the Bank while he was working as a Teller/Cashier with the Punjab National Bank at Kot Fatuhi. Both the Courts below have held the case to be fully proved against him and he has been convicted for the offences as stated above. The sentence awarded to him for the offence under Section 468 IPC is one year. Besides, the other imprisonments for the other offences which have been alleged against him. All the sentences have been ordered to run concurrently. Learned counsel for the petitioner has submitted that fines that were imposed have been paid by the petitioner. It may be noticed that the Cr Rev 213 of 2009 4 petitioner has indeed faced the travails of the prosecution for the last more than 14 years. He has his family also to maintain. Besides, he has been dismissed from the service of the Bank. In the circumstances, the ends of justice would be met if the sentence of imprisonment for the offence under Section 468 IPC is reduced from one year to 9 months and all sentences ordered to run concurrently. In this manner, the petitioner would be sentenced to 9 months. Accordingly, the criminal revision petition is disposed of with the modification that the sentence of imprisonment for the offence under Section 468 IPC shall stand reduced to 9 months and all other sentences shall remain intact. All the sentences ofcourse shall run concurrently. 16.3.2009 ( S.S.SARON ) ASR Judge