SURENDRA KUMAR GARG Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appellant was convicted under sections 120 -B, 419, 420, 468, and 471 of the Penal Code. He was sentenced to undergo rigorous imprisonments for different period under the aforesaid sections. The appeal filed on behalf of the appellant was dismissed by the learned Additional Sessions Judge, Ghaziabad. The High Court, on revision application being filed on behalf of the appellant set - aside his conviction under section 120 -B, but the conviction and sentence under other sections mentioned above passed by the Trial Court were affirmed.

(2.) ACCORDING to the prosecution case, the appellant, established a firm by the name of Seemak Industrial Corporation, at Ghazibad. The account in the bank was opened in the name of one Vijai Kumar and the aforesaid Industrial Corporation was registered in the Sales Tax Department. The appellant applied for loan before U.P .Small Industries Corporation and got a sum of Rs. 39,352.50, in the name of Seemak Industrial Corporation. Later it was discovered that the aforesaid Seemak Industrial Corporation, was a fake concern and the appellant had cheated, even the U.P. Small Industries Corporation, in respect of the amount advanced by them. The Trial Court, the Appellate Court as web as the High Court have gone into details of the materials on record for purpose of holding that the charges framed against the appellant had been established and as such there was no occasion to interfere with the conviction and sentence passed against him.

(3.) IN the particular facts and circumstances of the case while maintaining the conviction of the appellant, we reduce the sentence of imprisonment under different sections mentioned above to the period already undergone by him. The appellant, shall however, pay a fine of Rs.2,000/ - and in default of payment thereof, he shall undergo rigorous imprisonment for a period of one month. The appeal is allowed in part.