RAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, three criminal revision petitions are proposed to be decided which are directed against the same judgements passed by the Courts below.

(2.) The facts of the case are that the criminal law was set into motion by the Manager, State Bank of Patiala, Branch Chamkaur Sahib by moving complaint dated 08.09.2000 to the Senior Superintendent of Police, Ropar, against the accused to the effect that on 24.12.1999 one Ashok Kumar son of Gulab Singh had identified Ravinder Singh son of Sucha Singh resident of Morinda and got opened Saving Bank Account. Ashok Kumar son of Gulab had moved an application for taking loan for tractor trolley and crop loan in the bank on the same day. A loan for Rs.span 1,90,000.00 was sanctioned for purchase of tractor, a sum of Rs.span 50,000.00 was sanctioned for purchase of trolley and a sum of Rs.span 50,000.00 was sanctioned for crop loan. Ashok Kumar mortgaged 32 kanal land situated in village Pragpur, Tehsil Balachaur, District Nawan Shahar, in favour of the bank. The mortgage deed was filled by Baldev Singh deed writer, Balachaur. Ashok Kumar put his thumb impression on the mortgage deed. Resham Kaur member Panchayat and Rajinder Singh son of Karnail Singh witnessed the mortgage deed. On 24.12.1999 Ashok Kumar filled all the relevant papers for obtaining loan. Patwari Halqa vide Rapat dated 16.12.1999 made entry of mortgage in favour of bank regarding loan of Rs.span 2,90,000.00. Mutation was also sanctioned on 16.12.1999 in favour of the bank. However, on 12.02.2000, it came to the notice of Field Officer Surjit Singh in the above said loan case, one Charanjit Singh was impersonated as Ashok Kumar and dishonestly obtained the loan from the bank. On further enquiry by the Field Officer Surjit Singh from village Nurpur, it transpired that ex-Sarpanch Malkiat Singh had certified that Ashok Kumar had been residing in the house of Rajinder Singh resident of Nurpur, Tehsil Samrala, six months ago. The tractor on which the said loan was sanctioned was not found by the Field Officer. It is further alleged that Charanjit Singh by selling the Eicher tractor deposited the first instalment of Rs.span 30,000.00on 13.05.2000. Ravinder Singh salesman and Charanjit Singh in connivance with each other had obtained the loan in the name of Ashok Kumar and had divided the amount after selling the tractor. It was also alleged that Ravinder Singh salesman of Verma Tractor Company Khanna, Rajinder Singh son of Karnail singh, Charanjit Singh, Resham Kaur member Panchayat, ex.Sarpanch Malkiat Singh etc.in connivance with each other, intentionally and by impersonating some other person had obtained loan and cheated the bank. Rajinder Singh son of Karnail singh resident of Nurpur Mand had admitted in writing before the officers of the bank in the presence of Sital Singh, Lambardar that he was responsible for the loan amount and was ready to give the guarantee. He also confessed that he will repay the loan amount in instalments. He agreed that he will mortgage one killa of land in favour of the bank and on the basis of the above said allegations, FIR No. 28 dated 03.04.2001 came to be recorded under Sections 419/420/467/468/471/120-B IPC, registered at Police Station Chamkaur Sahib. On completion of the investigation, final report under Sec. 173 Crimial P.C. was presented to the learned court of competent jurisdiction. Since a prima facie case was found to be made out against the accused, charge under Sections 419/420/467/468/471 read with Sec. 120B Penal Code was framed against the accused to which they pleaded not guilty.

(3.) The prosecution examined as many as 11 PWs including the bank officers. The incriminating evidence was put to the accused who alleged false implication while getting their statements recorded under Sec. 313 Crimial P.C. However, they did not lead any defence evidence.