PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F .I.R. No. 253 dated July 23, 1981 under Sections 420/467/468/471/120-B, I.P.C. was registered in Police Station City Abohar, district Ferzepore, on the basis of a letter written by Sh. Sohan Lal Narang, Manager, Punjab National Bank against Sarvshri Khetu Ram, Pawan Kumar Rajinder Goel and Mainpal for having cheated the Bank in the amount of Rs. 1,47,000/- on the version given therein. The case was investigated. Ultimately, 17 reports under Section 173 of the Code of Criminal Procedure were presented in the trial Court and they were being tried separately. The petitioner being one of the accused has filed this petition for quashing the proceedings in Crl. Case No. 37-2 of 1984 only on account of delay in disposing of the case. The charge in the case was framed on February 22, 1986, and the case was adjourned to April 5, 1986, for recording the evidence of the witnesses of the prosecution. The petitioner has given in detail the proceedings which have taken place on various dates and chart thereof has been attached.

(2.) THE counsel for the State has produced parawise reply to the petition on behalf of Shri Harbans Lal, Sub Inspector, S.H.O. Police Station, Abohar City. The arguments in this case were heard and the case was reserved for orders. In the meantime, Shri S.M.L. Arora, Advocate, along with Shri P.K. Dutt, Law Officer of the Bank, appeared before me and requested that the bank be made a party to the criminal miscallenous for bringing on record the complete facts of the case. Shri Arora Advocate, was asked to file a reply to the petition and the same has been filed by way of affidavit of Sohan Lal Narang, Manager of the Punjab National Bank, Abohar, now posted at Nihalpur Branch, tehsil Fazilka, district Ferozepore.

(3.) THE First Information Report No. 253 and dated 23.7.1981 was registered at Police Station City, Abohar for offences under Sections 420/467/468/471/120-B of the Indian Penal Code against Khetu Lal, Proprietor of M/s. Khetu Lal and Sons; Abohar; Pawan Kumar Golcha of M/s. Suraj Mal, Nathu Mal and Co., Abohar; Rajinder Goel of M/s. Okara Goods Transport Co.; and Main Pal, Proprietor of M/s. Ganganagar Cotton, Shri Ganganagar and others at the instance of Shri S.L. Narang, Manager of Punjab National Bank. The version given in the First Information Report is that on 19.5.1981 Khetu Lal by dishonest misrepresentation induced the Manager of the Bank to purchase one bill for a sum of Rs. 1,47,000/- and under the belief that the party was having dealings with the Bank, the Manger in good faith, purchased the bill, accompanying G.R. No. 6936 dated 10.5.1981 issued by M/s. Globe Transport Corporation, Chandi Ki Taksal, Jaipur through its agent at Abohar. The same was signed by the said Rajinder Goel. Insurance cover note No. 161375 issued by National Insurance Company Ltd. and signed by Shri Main Pal agent and a Hundi drawn by M/s. Suraj Mal Nathu Mal and Co., Abohar on M/s. Upper India Finance Co. 103-A, Mittal Tower, Nariman Point, Bombay payable to M/s. Khetu Lal and Sons who endorsed the same in favour of Punjab National Bank, Abohar. This amount of Rs. 1,47,000/- being the value of the bills was credited to the account of the party who availed of the same on the day by transfer. The documents were received back unpaid with the endorsement "payment not forthcoming" vide Punjab National Bank House Branch, Bombay's letter dated 24.6.1981. The bales are said to have been despatched from Kotkapura to Trichur under Railway Receipt No. 704333, M/s. Suraj Mal Nathu Mal and Co., had already got credited facility from the Bank qua the said goods on 13.12.1980 and documents thereof. The goods receipts in question, on the basis of which money was obtained, were signed by the said Rajinder Goel on behalf of M/s. Globe Transport Corporation. These documents were false, because no goods had actually been transported on the basis of the goods receipt of M/s. Globe Transport Corporation. It was subsequently learnt that M/s. Globe Transport Corporation did not have any office at Abohar. The insurance cover note was a false document as no goods had been insured by National Insurance Company Ltd., 21, Darya Ganj, Delhi. The said Pawan Kumar Golcha, partner of M/s. Suraj Mal Nathu Ram and Co., had, prior to 19.5.1981, i.e. on 13.12.1980 obtained Rs. 1,66,797/- from Punjab National Bank, Abohar Branch on the strength of bill dated 12.12.1980 and Railway Receipt No. 704833 by which he sold the said Rly. Receipt, mentioning the same goods to the Bank in the name of M/s. Suraj Mal Nathu Ram and Co., Abohar of which Khetu Lal is one of the partners, knowing that the Bank had already paid for the good covered by the said R.R., Khetu Lal submitted the said false documents, including the insurance cover note, fraudulently obtained this huge amount from the said Bank and the Manager and other members of the staff of the Bank had no means of knowing that the said Khetu Lal and his firm had already obtained the sum of Rs. 1,66,797/- in respect of the same goods. By this method all the aforementioned persons are said to have committed the above said offences.