KEWAL KRISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KEWAL Krishan was tried by the learned Special Judge, C.B.I., Patiala for offences under the Prevention of Corruption Act, 1947 and related offences under Indian Penal Code for having defrauded United Commercial Bank during the year 1981-1985. The appellant was found guilty and convicted for various offences. The details of the conviction and sentence may be found in the judgment of the learned Trail Court. The maximum sentence imposed on the appellant under five different counts was rigrous imprisonment for one year and fine of Rs. 1,000/- on each count, in default he was to undergo rigorous imprisonment for one month. All sentences of imprisonment were to run concurrently. The judgment of the trial Court dated December 15, 1995 has been challenged in this appeal.

(2.) DURING the years 1981 to 1985 N.S. Bath was working as Manager of United Commercial Bank, Lasuri (Nakodar), Jalandhar. N.S. Bath entered into a conspiracy with the appellant who was proprietor of Punjab Agriculture Works, Nakodar and also of Sharma Khad Store, Nakodar. N.S. Bath advanced tractor loans and crop loans by abusing his official position as an officer of the bank and he obtained pecuniary advantages himself and for the appellant while causing corresponding loss to the bank to the tune of Rs. 36,000/-. The modus operandi which N.S. Bath and the appellant employed was to use the appellant's firms for the purpose of crediting loan amounts advanced to Balkar Singh, Ramesh Kumar, Jasbir Singh and Mohinder Singh. The appellant's firms and the four above named persons were all bogus and fictitious. N.S. Bath in his capacity as Manager of the bank would transfer the money to the appellant's firms and then withdraw the money from those accounts and thereby he cheated the United Commercial Bank of Rs. 36,000/- in all.

(3.) LEARNED Special Judge concluded that charge had been established against the appellant beyond all reasonable doubt and awarded sentence to him.