KHETU LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Khetu Lal has filed this petition under Section 482 Cr. P.C. read with Articles 21 and 227 of the Constitution of India for quashing of F.I.R. No. 253 dated 23.7.1981 registered at Police Station, City, Abohar and the proceedings initiated thereon against him.

(2.) The impugned F.I.R. was registered against the petitioner under sections 120-B, 467, 468, 471 and 420 I.P.C. at Police Station, City, Abohar, on the basis of a complaint presented to Senior Superintendent of Police, Ferozepur by the Manager of Punjab National Bank, Abohar branch. The allegations made in the complaint were that firm M/s Khetu Lal and Sons had been operating upon an account with Abohar branch of Punjab National Bank since long. On 19.5.1991 Khetu Lal proprietor of the firm by dishonest misrepresentation, induced the manager of the bank to purchase one bill, for a sum of Rs. 1,47,000/- and considering that the party was having dealings with the Bank, the manager in good faith purchased the bill accompanying G.R. No. 6936 dated 18.5.1981 issued by M/s Globe Transport Corporation, Chandi Ki Taksal, Jaipur, through its agent at Abohar and signed by Shri Rajinder Goel of MIs Okara Transport Company, Abohar. Insurance cover note No. 1613765 issued by the National Insurance Company Limited and signed by Main Pal agent and one Hundi drawn by M/s Suraj Mal Nathu Ram and Company, Abohar on M/s Upper India Finance Company, 103-A Mittal Tower, Nariman Point, Bombay, payable to M/s Khetu Lal and Sons were also handed over. The amount of Rs. 1,47,000/- being the value of the bill was credited to the account of the party, who availed of the same on that very day by transfer entry in favour of M/s Suraj Mal Nathu Ram and Company, Abohar. The documents purchased on 19.5.1981 were received back unpaid with the remarks payment not forthcomingT vide Punjab National Bank branch, BombayTs letter dated 24.6.1981. The goods receipt in question on the basis of which money was obtained was actually a false document because no goods had been transported on the strength of the goods receipt and it was subsequently learnt that M/s Globe Transport Corporation did not have any office at Abohar. The insurance cover note was also found to be a false document as no goods had been insured by the National Insurance Company Limited, Bombay. In this way the petitioner committed a fraud with the bank.

(3.) The petitioner alleged that although the F.I.R. was registered on 23.7.1981, the trial had not been concluded as yet even after the lapse of a period of 10 years. Delay in conclusion of the trial was not at all due to any act or conduct on his pan. The pendency of the proceedings for such a long time, affected his liberty and he was denied his right to speedy trial. The first information report was liable to be quashed, on this ground alone.