MOHAN LAL GARG Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) SINCE there is a common question of law and fact involved in all the revisions, therefore, all the revisions have been heard together and are being disposed of by this single judgment.

(2.) CRIMINAL Revision Nos. 40/2006 and 42/2006 have been directed against the order dated 26.11.1991 passed by the Addl. Sessions Judge/Special Judge, Anti Corruption, District Dehradun dismissing the discharge applications of the revisionist -Mohan Lal Garg in case No. 1/1987 and case no. 5/ 1986 respectively under sections 120 -B, 420, 467, 468, 471 IPC read with sections 5(2) and 5(1)(D) of the Prevention of Corruption Act. Criminal Revision No. 41/2006 has been directed against the order dated 26.11.1991 passed by the Addl. Sessions Judge/Special Judge, Anti Corruption, District Dehradun in case No. 6/1986, whereby the Addl. Sessions Judge has dismissed the application for discharge of the revisionists - Mohan Lal Garg and Sohan Lal Garg under sections 120 -B, 420, 467, 468, 471 IPC read with sections 5(2) and 5(1)(D) of the Prevention of Corruption Act.

(3.) BRIEF facts of criminal revision No. 40/2006 {Mohan Lal Garg vs. State} are that on 11.12.1985 an FIR was lodged against the co -accused V.K. Vishnoi. It is the prosecution case that the revisionist -Mohan Lal Garg, who was an advocate residing in the district Muzaffarnagar and V.K. Vishnoi, the then Branch Manager, SBI, Roorkee had hatched a criminal conspiracy with Mohan Lal Garg. It was further alleged that they had opened the forged accounts in the bank with the intention to cheat the bank. It was further alleged that the revisionist - Mohan Lal Garg has opened his bank account No. P112/80 on 9.9.1980 in the State Bank of India, Roorkee with the assistance of the co -accused V.K. Vishnoi. The revisionist - Mohan Lal Garg had impersonated himself to be Sohan Lal and opened a forged account no. P151 on 6.5.1981. The revisionist has also impersonated himself to be Pawan Kumar & Jitendra Kumar and opened two A/cs no. 155 & 154 in the name of Pawan Kumar and Jitendra Kumar on 8.6.1981 and 12.06.1981 respectively. After opening the aforesaid forged accounts in the name of non -existent persons, the revisionist obtained two overdrafts in his own account amounting to Rs. 2000/ - and Rs. 5000/ - on 9.9.1980 and 13.09.1980 respectively. In the same way, the revisionist obtained again two overdrafts of Rs. 2000/ - & Rs. 5000/ - in the account of Sohan Lal. Thereafter, the revisionist also obtained an overdraft of Rs. 5000/ - in the account no. P154 of Jitendra Kumar. The revisionist received two overdrafts of Rs. 5000/ - and Rs. 4000/ - in the account no. P155 of Pawan Kumar.