KULDEEP SINGH NARANG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT petition has been filed against the judgment of conviction and order of sentence dated 11.03.2003 passed by the Additional Sessions Judge, Sangrur, vide which the appeal against the judgment dated 10.11.2001 passed by the Chief Judicial Magistrate, Sangrur (hereinafter referred to as "the trial Court') was dismissed and the conviction awarded by the trial Court was upheld.

(2.) AS per the prosecution story, a complaint was received on 25.11.1992 from S.C. Madan, A.D.S of District Office of the Punjab Schedule Land Development and Finance Corporation (for short 'the Corporation') that on 07.10.1992 the Executive Director of Corporation received complaint from Sh. Surjit Singh, Jr. Asstt at Sangrur Office regarding some irregularities and embezzlement. On same day, Executive Director appointed Accounts Officer (Audit) for enquiry and early report and Accounts Officer visited Sangrur on 08.10.1992 and took into possession relevant record from District Office, Sangrur and from Branch Office of the Punjab National Bank, Sangrur. Accounts Officer also visited Malwa Gramin Bank, Bhalwan on 09.10.1992 and got information that three cheques bearing No. DTC 912109 QTC 912110 and QTC 912111 to the tune of Rs.25,000/ -, Rs.15000/ - and Rs.20,000/ - respectively all dated 31.03.1992. On 12.10.1992, Executive Director of Corporation asked Chief Accounts Officer and the Secretary for enquiry. There is a scheme of Corporation to give subsidy to the extent of 50% of the loan amount, subject to maximum of Rs.5000/ - to the Scheduled Castes for their self employment. On 18.03.1993, 10 loan forms were filled up and the subsidy claimed for the said 10 beneficiaries was jointly verified by Smt. Neelam Kumari District Manager and one official of the Malwa Gramin Bank, Bhalwan, but lateron two more names were incorporated in form in the office of D.M Sangrur and the Bank copy still shows the names of only 10 beneficiaries. The subsidy was released on the basis of form in which the names of 12 beneficiaries appeared.

(3.) THE forms were got filled up in the Bank premises before an official of the Bank and one official of the Corporation. On 20.10.1992, Executive Director of Corporation reached on the spot and enquiries revealed that none of the beneficiaries bearing the names recorded in proforma lived in the villages mentioned in their loan forms and the beneficiaries were found to be bogus. The above three cheuqes were issued in the name of the present petitioner, which the counter foils shows the name of Malw Gramin Bank, Bhalwan. The above said three cheques were forged by the accused and the name of Malwa Gramin Bank, Bhalwan was rubbed by the accused on the cheque to forge and instead the name of Kuldeep Singh Narang Khaddiwala was incorporated. On presentation, the cheques were dishonoured and confirmation of cheques was advised to get the earasing confirmed. After that the D.M. Sangrur again signed the cheques near the point of erasing and were again presented on 8.7.1992 for collecation and the amount was credited in the account of the present petitioner inspite of knowledge that the account No. 32551 pertains to bank tie up scheme and the cheques were issued only in favour of the Banks and Sh. Sharma, Bank Manager, PNB, credited the amount in the personal name of Kuldeep Singh with some ulterior motive. On 17.10.1992, Smt. Neelam Kumari got deposited Rs.10,000/ - through office peon in the Punjab SCFC and an official of Corporation, Sangrur also got filled up the loan disbursement receipt and pronotes. A case was registered against Neelam Kumari, Paramjit Singh Tiwaran, Kuldeep Singh Narang, Mr. Sharma. Challan was presented against the accused except Mr. Sharma. Thereafter, the accused were charge sheeted for the offence under Sections 409/420/467/468/471/120 -B IPC to which they pleaded not guilty and claimed trial.