NAR BAHADUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure relates to quashment of First Information Report No. 366 dated 8th June, 1985 registered against the petitioner for Commission of offences under Sections 420, 467, 468, 471 read with Section 120-B of the Indian Penal Code, and subsequent proceedings thereto.

(2.) BRIEF facts relevant for disposal of this case, are, that the petitioner Nar Bahadur while posted as peon with Punjab State Tubewell Corporation Ltd., Chandigarh (hereinafter referred to as the Corporation) is said to have committed embezzlement to the tune of Rs. 19,055.65 after committing forgery in conspiracy with Shri D.D. Jain, Ex-Cashier of the said Corporation. The said embezzlement relates to the years April, 1983 to December, 1984.

(3.) THE petitioner no doubt was working as a peon and had nothing to do with the maintenance of accounts, the fact remains that there are specific allegations against the petitioner that he in conspiracy with Shri D.D. Jain, Ex-Cashier of the Corporation embezzled amount to the tune of Rs. 11,346,65 by receiving over payments against forged bills. The petitioner is said to have received arrears and salary for the same month during the said period more than once. The over payments drawn by the petitioner ranged from 3 to 6 times the salary of the arrears, which, the petitioner was legally entitled to withdraw. The report of the Director Forensic Science Laboratory, concerning the disputed documents does not in any manner exonerate the petitioner in either committing forgery, or, in getting over payments referred to above.