R.N.TANDON Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under sections 468 and 420 of IPC vide judgment dated 3.5.2000 passed by the learned Special Judicial Magistrate (CBI), Jabalpur in criminal case No.12/1994 and sentenced for 1 1/2 years rigorous imprisonment with fine of Rs.3,000/- for each count. In default of payment of fine, 3 months simple imprisonment was also directed. In criminal appeal No.69/2000 vide judgment dated 25.7.2000 passed by the learned 5th Additional Sessions Judge, Jabalpur, the appeal was partly allowed. The conviction was maintained but, the sentence was reduced to rigorous imprisonment for one year with fine of Rs.3,000/- for each count, whereas default sentence was converted for 3 months rigorous imprisonment. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) THE facts of the case, in short, are that, the applicant was the registered owner of a truck bearing registration No.CIK-8043, which was insured with United India Insurance company. The truck met with an accident and therefore, the applicant informed the insurance company about the accident. The insurance company appointed a surveyor to give his report and thereafter, its branch relating to claim processed the claim. The vehicle was to be taken to a garage and thereafter, a final survey report was submitted. Thereafter, the insurance company was liable to pay the compensation. The applicant sent an intimation of an accident by letter, Ex.P/11. Surveyor R.K.Gulati was appointed, who gave his report, Ex.P/2 and ultimately, a payment of Rs.20,457/- was done to the National Garage, Jabalpur. Thereafter, it was found that an exaggerated claim was produced by the applicant and a fake bill was given to the insurance company and payment was made accordingly. The applicant has done a cheating with the insurance company and also used that forged bill as genuine. On lodging the FIR, the matter was registered with the CBI, Branch Jabalpur and after due investigation, a charge-sheet was filed.

(3.) THE learned Special Magistrate (CBI), Jabalpur, after considering the evidence adduced by the parties, convicted and sentenced the applicant as mentioned above, whereas his appeal was partly allowed.