Criminal Revision No. 1553 of 2002 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.1553 of 2002 Date of Decision: April 23, 2009 Mukhtiar Singh ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.S..P.S.Sidhu,Advocate, for the petitioner. Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab ** Sabina, J. Petitioner was convicted for offence under Sections 120- B/419/420/465/468/471 of the Indian Penal Code (`IPC' for short) vide judgment dated 30.9.2000 by the Chief Judicial Magistrate Ferozepur. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for one year under Section 120-B IPC; to undergo rigorous imprisonment for one year under Section 419 IPC; to undergo rigorous imprisonment for three years and to pay a fine of Rs.1000/- under Section 420; to undergo rigorous imprisonment for one year under Section 465 IPC; to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- under Section 468 IPC and to undergo rigorous imprisonment for one year under Section 471 IPC.. All the sentences were ordered to run Criminal Revision No. 1553 of 2002 2 concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Ferozepur vide judgment dated 16.7.2002. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 4 of its judgment, are as under:- “Prosecution story, in its broad essentials is that accused Mukhtiar Singh opened a bank account by impersonating himself as Piara Singh son of Punjab Singh. He was identified by accused Gurdev Singh. Subsequently, a loan to the tune of Rs.5000/- was obtained by accused Mukhtiar Singh on 18.7.88. Subsequently, it was revealed that real Piara Singh neither opened his account in the bank nor obtained any loan facility. It was only Mukhtiar Singh who by impersonating as Piara Singh cheated the bank. The matter was reported to the police by way of a written complaint submitted by Shri A.P.S.Brar, the then Branch Manager. On the basis of this written complaint of the Branch Manger, the case was registered and the investigation actuated. The accused were arrested on 23.3.93 by ASI Bhajan Singh, also recorded the statements of witnesses. After completion of investigation, the accused were challaned to face judicial trial." Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction of the petitioner as ordered by the Courts below but has submitted that the sentence qua imprisonment be reduced to already undergone by the petitioner. Learned counsel has further submitted that the allegations against the petitioner was that had taken a loan of Rs.5000/- by impersonating as his brother Piara Singh. The loan in Criminal Revision No. 1553 of 2002 3 question has already been repaid. Petitioner is not the previous convict. 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 120- B/419/420/465/468/471 IPC is maintained and the sentence qua the imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of. (Sabina) Judge April 23, 2009 arya