ANIL KUMAR SONI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment, 27 cases bearing Criminal Appeal Nos. S -2806 -SB, S -2807 -SB, S -2862 -SB, S -2899 -SB, S -2920 -SB, S -2924 -SB to S -2926 -SB, S -2963 -SB, S -3006 -SB, S -3156 -SB to S -3160 -SB, S -3177 -SB, S -3199 -SB to S -3203 -SB, S -3411 -SB of 2011 and S -110 - SB, S -115 -SB, S -36 -SB and S -6 -SB of 2012 shall be disposed of as common question of law and issues are involved. However, the facts are being extracted from CRA -S -2899 -SB of 2011.

(2.) BRIEFLY , the facts of the case as per prosecution version are that FIR No.29 dated 29.04.1997 was registered on the basis of information received from reliable sources by Deputy Superintendent of Police, Vigilance Bureau, Amritsar to the effect that accused persons, who were the officers/officials of Punjab Financial Corporation, Amritsar (for short 'PFC') during the period from 1992 to 1994, namely, Jatinder Singh Aulakh, DGM, Anil Kumar Soni ATO, Mohd. Naseruddin Gorkhi, ADM(F), Smt. Harpreet Kaur Grover AM Legal, Ravi Kant Senior Assistant, Paramjit Singh and Hardarshan Singh Senior Steno in connivance with its partners and owners of fake and bogus firms disbursed loan to the extent of Rs. 8,07,000/ - to M/s Swastik Foundary and Engineering Works, Amritsar and its partners, namely, Nawal Kishore Gandhi and Smt. Geeta Gandhi, residents of Adarsh Nagar, Jalandhar. The said firms never came in existence but the officers of PFC by misusing their official position disbursed loans to the said firm. During the course of investigation, it was found that bogus rent deeds, invoices/quotations were prepared. All the bills of raw materials and machines were found to be bogus. Even the mortgage deeds were also found bogus. On the basis of forged documents, the false reports were prepared.

(3.) DURING investigation, Nasruddin Gorkhi and Harpreet Kaur were found to be innocent. The challan was presented against accused Naval Kishore Gandhi, Jatinder Singh Aulakh, Sandeep Kumar and Hardarshan Singh. FIR was registered against said persons. Charges were framed by the Special Judge, Amritsar against all said accused persons under Sections 120 -B, 420, 467, 468, 471 of Indian Penal Code (for short 'IPC') and also under Sections 13(1)(c) and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (for short 'PC Act') to which they pleaded not guilty and claimed trial. The prosecution examined as many as 10 witnesses in support of its case.