G S BANSAL Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal by special leave is against the judgment and order of the High Court of Punjab, Circuit Bench, Delhi confirming those of the Additional Sessions Judge, Delhi, convicting the appellant under S. 467 of the Indian Penal Code and sentencing him to imprisonment till the rising of the Court and to a fine of Rs. 250/-

(2.) The appellant is an Under Secretary, now under suspension, in the Ministry of Home Affairs, Government of India, New Delhi and is the son of Janki Pershad. Janki Pershad held a ration depot in Delhi. In the year 1948 Janki Pershad purchased three Post Office National Savings Certificates of the face value of Rs. 250/- in the name of the Controller of Rationing Delhi, and deposited the same with him as security. On February 21, 1952, Janki Pershad transferred the ration depot in favour of his grandson, S. K. Bansal, the son of the appellant. Thereafter, on April 16,1952, Janki Pershad applied to the rationing authority for the release of the said security on the ground that he had transferred the concerned ration depot in favour of his grandson who had given a fresh cash security of his own. Before the said security given by him was released, Janki Pershad died on June 1, 1952. On July 1, 1952, the rationing authority wrote a letter to Janki Pershad, not knowing that he had died informing him that the security deposited by him had been released and that to should get the pledged certificates transferred in his favour by tilling in the prescribed form sent with that letter and presenting the same along with the certificates returned at the post office. The prosecution case is that, as Janki Pershad had by that time died, the appellant filled in the said form for transfer, affixed the signature purporting it to be that of his father, attested the said signature, and affixed the stamp of Ministry of Home Affairs, Government of India, beneath his own signature of attestation, and presented the said form and the certificates at the Post Office. Though the clerk at the Post Office had some doubts as to the genuineness of the signature of Janki Pershad, on an assurance given by the appellant, be issued fresh certificates in the name of Janki Pershad on July 12, 1952. On September 3, 1952, the appellant signed the three certificates on their back as Janki Pershad in token of their cancellation and placed his own attestation and stamp of his office thereon. He gave a letter of authority in favour of Bhawani Shanker, a daftri attached to his office, for cashing the same. Bhawani Shanker presented the certificates at the Post Office and received Rs. 275/- in payment thereof, on his furnishing the necessary receipt. The encashed amount was paid to the appellant.

(3.) On September 8, 1956, the Magistrate, First Class, Delhi, framed charges against. the appellant under S. 467 of the Indian Penal Code and committed him for trial before the Court of Sessions. On February 2, 1959, the Additional Sessions, on February 2, 1959, the Additional Sessions Judge, Delhi, found him guilty under S. 467 of the Indian Penal Code and sentenced him as aforesaid. The appeal filed to the High Court was dismissed on January 7, 1960. Hence the present appeal.