DEEP CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) DEEP Chand, petitioner was convicted under Sections 420, 467 and 471, Indian Penal Code by the Sub-Divisional Judicial Magistrate, Palwal on 26-2-1985 and he was sentenced on 28.2.1985 to undergo R.I. for a period of one year and to pay a fine of Rs. 100/- under Section 420 IPC. He was also sentenced to undergo R.I. for one year and to pay a fine of Rs. 100/- under Section 467 IPC and similarly for an offence punishable under Section 471 IPC, petitioner was sentenced, to undergo RI for one year and to pay a fine of Rs. 100/- All these sentences of imprisonment were ordered to run concurrently. In default of payment of fine, he was, further ordered to undergo R.I. for three months. Appeal filed by the petitioner was dismissed by the Additional Sessions Judge, Faridabad on 1-6-1985, hence this revision petition.

(2.) THE petitioner was, at the relevant time, an official in the office of the Sub Divisional Education Officer, at Palwal. For availing the loan facility from out of the General Provident Fund Account, the petitioner submitted an application Ex. PA for the grant of Rs. 600/- as its loan. The plea of the petitioner was that the funds were required for performing Bhagwati Jagran. The loan application was supported by affidavit Ex. PB and copy of statement of account i.e. Ex. PC. Request of the petitioner was granted by the Department and the loan amount was disbursed to him. It was during the course of checking by the official of the Accountant General Office that it was found that the contribution of the petitioner during the relevant year was only Rs. 25/- and he had made alteration in it so to make it read as 1125/-. It was also found that the petitioner added the word 100 in the interest column and also made alteration in the balance column so that the entry in it (that actually was 25/-) read as 1225/-.

(3.) AFTER the completion of the investigation, the petitioner was challaned and on the basis of the police report and other documents the petitioner was charge sheeted for offences punishable under Sections 420/465 467/468 and 471 IPC on 16-10-1982. Petitioner pleaded not guilty to the charge and claimed trial.