LAWS(P&H)-2006-3-457

NIRMAL SINGH Vs. STATE OF PUNJAB

Decided On March 22, 2006
NIRMAL SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is a revision against the judgment of the Additional Sessions Judge, Faridkot, whereby he convicted Nirmal Singh and Gurdip Singh under Sections 120-B, 467, 468 and 471 IPC and sentenced him to undergo imprisonment to a maximum sentence of three years under various Sections.

(2.) Learned counsel for the petitioner has stated that Gurdip Singh has since died and thus the petition against him has abated. The prosecution case in brief is that the petitioner was working as Secretary of the Giljewala Co-operative Agriculture Service Society Limited, Giljewala (hereinafter called "the Society"). Complainant had deposited outstanding amount against him towards the society on 22.6.1985. He cleared all the debts. Thereafter, he did not take any loan from the society. On 8.10.1985, petitioner along with the Inspector of the society came to his house and demanded a sum of Rs.7003-10 Paisas, stating that the amount was due in respect of 65 bags of urea fertilizer taken by him from the society on 12.7.1985, vide Bill No.62 against Cheque Criminal Revision No.434 of 1990 -2- No.06598 dated 12.7.1985. Complainant stated that he had not taken any such loan and that he did not owe anything to the society. Next day, he went to the office of the society and to the bank and came to know that Nirmal Singh and Gurdip Singh (since dead) accused forged the aforesaid bill and the cheque. Thumb impressions of the complainant were forged on these documents. Complainant filed a complaint and to prove his case brought into the witness box Gurjant Singh as PW1, Sub Inspector Natha Singh as PW2, Dewan K.S.Puri as PW3, complainant himself as PW4 and A.S.Aulakh, Advocate as PW5.

(3.) I have heard learned counsel for the parties and perused the record and the judgment.