HARBHAJAN SINGH SITARAM Vs. STATE

JUDGEMENT

(1.) These two revisions have been moved by Harbhajan Singh and Sita Ram Kapur against an order dated 26.10.1981 of Shri O.P. Gogne, M.M., New Delhi, whereby charge u/s 120-B read with sections 420 and 477-A Indian Penal Code . was directed to be framed against each of them. There are two other accused, namely, Jagdish Lal Chanana and Harish Chander Kapur. They have, however, not chosen to assail the said order under which the former has also been directed to be charge under those provisions of law and the latter u/s 420 Indian Penal Code .

(2.) Briefly stated the prosecution case is that on 9.7.1979 Tasawar Hussain, a clerk of the Stores (Accounts) Department, Central Cottage Industries Emporium sent his helper Ganga Ram to bring the sale statement book from Jagdish Lal Chanana. The latter, however, happened to be on leave, and as such Ganga Ram searched his cabin and found the sale statement book which he took to Mr. Hussain. It was then noticed that the book had all the 3 copies of a sale statement lying in the same in the name of M/s. Bliss & Bloom for the month of July, 1978 showing two carpets worth Rs. 4,280/having been sold in their name. This was unusual inasmuch as one copy thereof should have been sent to the General Administration Branch, another would remain with Jagdish Lal Chanana who was the Senior Accounts Asstt. and the third kept in the sale statement book itself. That sale statements purported to bear the signatures of V.D. Gulati, Asstt. Manager Stores (Accounts) and M.S. Dewan, another official of the Emporium. Both when confronted with those statements, denied that they had signed them and added that they were forged. It was then noticed that a cheque for Rs. 4,280.00 had already been issued in the name of M/s. Bliss & Bloom and encashed through its account in the Hindustan Commercial Bank, Connaught Place.

(3.) Further investigation then brought out startling state of affairs, and it was found that amounts totalling over rupees 11 lacs had been fraudulently paid in the name of that party and the person who was operating the bank account in its name in the Hindustan Commercial Bank was none else than Jadish Lal Chanana. All this was done during the period from 1973 to 1979. That concern M/s. Bliss & Bloom had earlier an account with the CCI Emporium when it used to supply goods on consignment basis but the same was discontinued in 1969. No supplies were effected thereafter.