VINOD KUMAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The brief facts of the case are that A.S. Gill, Branch Manager, State Bank of Patiala, lodged a report to the police with the broad allegations that Resham Singh, son of Mohan Singh, approached the bank for financial help/loan to the tune of Rs. 4,50,000/- in the months of July and September, 2005. The documents presented by Resham Singh were processed and on the recommendation made by the then Field Officer, Vinod Kumar Sharma (petitioner), the then Branch Manager, V.K. Nagar, sanctioned the loan. When Resham Singh failed to repay the amount, then it was found that the documents submitted by Resham Singh, and verified by Vinod Kumar Sharma (petitioner), were fabricated documents. Consequently, FIR No. 62, dated 20.7.2007, under Sections 420, 467, 468, 471 read with Section 34, IPC, was registered at Police Station, Khem Karan, District Tarn Taran (Punjab).

(2.) After thorough investigation, the charge-sheet was presented before the learned Area Judicial Magistrate, Patti, District Tarn Taran. Finding a prima facie case, the charges were framed to which, the accused pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined Amarjit Singh Gill (PW-1), Surjit Singh (PW-2), Vinay Kumar (PW-3), and SI Sukhdev Singh (PW-4).

(3.) On 21.12.2011, Resham Singh was declared proclaimed offender since he failed to attend the Court proceedings on each and every date of hearing. The statements of the accused, under Section 313, Cr.P.C., were recorded in which they pleaded innocence. No evidence in defence was led.