JIWAN KUMAR GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Criminal Misc. No. 7745-M of 1999 whereby Jiwan Kumar Goyal petitioner herein is claiming anticipatory bail in case FIR No.39 dated 9.2.1999 registered under Sections 406, 465, 420, 506 and 509 IPC at Police Station Kotwali Sangrur.

(2.) The prosecution case in brief is that Smt. Ravi Kanta daughter of Ved Parkash was married to Ramesh Kumar Goyal who was posted as Head Clerk, in the State Bank of India Branch Sangrur. Ramesh Kumar Goyal is the real uncle of Shri Jiwan Kumar Goyal son of Sant Kumar Goyal. After the death of the father of Ramesh Kumar Goyal, the ancestral property was divided into three equal shares in the names of Sant Kumar Goyal, Amar Chand Goyal (since dead) and Ramesh Kumar Goyal. On 1.10.1997, Jiwan Kumar Goyal abused and used filthy language and on 3.10.1997 in the absence of Ramesh Kumar Goyal threw stones at the residence when Ravi Kanta was alone with her small children asking her the share of his father. Jiwan Kumar Goyal took a false insurance agency in the name of Mrs. Ravi Kanta Goyal as Agent with Mr. Jiwan Kumar Goyal, Development Officer with Code No. 10/19 by making his own signatures on the form as Ravi Kanta. Jiwan Kumar Goyal was doing business of Insurance in the name of Ravi Kanta. He obtained cheques from the National Insurance Company, Sangrur by forging the signatures of Ravi Kanta. He did not stop doing the insurance business in the name of Ravi Kanta Goyal and got commission. While obtaining cheques, he forged the signatures of Ravi Kanta. Cheques were encashed by Jiwan Kumar Goyal. Jiwan Kumar Goyal thus earned Rs. 5700-55 in the name of Ravi Kanta. Ramesh Kumar Goyal demanded form No. 16 from the National Insurance Company, Sangrur and contacted one Mr. Barisal, employee of the Company. When Mr. Jiwan Kumar Goyal came to know of it, he abused Ramesh Kumar Goyal, on 26.6.1998 Ramesh Kumar Goyal had to go to Chandigarh and he stayed with Ved Parkash Gupta at Patiala on 25.6.1998. Jiwan Kumar Goyal kept abusing Ravi Kanta the whole night when she was alone at her house. She had to stay in the neighbours house. On return, Ramesh Kumar Goyal made an application to SHO, Police Station City, Sangrur. SHO called him and Jiwan Kumar Goyal. He refused to return the gas cylinder. On 3.10.1997, Ramesh Kumar Goyal submitted an application. Matter was settled in the Police Station. He agreed before the panchayat that he had no share in the house. Ramesh Kumar Goyal again moved an application. On 30.6.1998, Jiwan Kumar Goyal submitted an application against Ramesh Kumar and Ved Parkash Gupta to Senior Superintendent of Police, Sangrur. In that application also agreement was reached between them. Ramesh Kumar Goyal paid him Rs. 3000/- as also gave up cylinder. According to the prosecution, the National Insurance Company issued cheques in favour of Ravi Kanta wife of Ramesh Kumar Goyal on 22.8.1995, 22.8.1995, 22.11.1995, 23.9.1997 and 16.7.1998. She never withdrew the amount of cheques. Jiwan Kumar Goyal withdrew the amount of those cheques by forging the signatures of Ravi Kanta.

(3.) Learned counsel for the petitioner submitted that Ravi Kanta Goyal applied for the agency of the National Insurance Company, Vide application Annexure P-1 and the agency was granted to her. Thereafter, she applied for the concellation of that agency vide application Annexure P-2. She also prayed that the cheques of commission be sent to her direct through registered post. Agency was cancelled vide letter Annexure P-3 by the National Insurance Company. It was further submitted that Ravi Kanta Goyal claimed tax deduction on the amount of commission obtained from the insurance company. It was submitted that the allegations that the petitioner obtained false agency in the name of Ravi Kanta and encashed cheques are false. It was further submitted that National Insurance Company sought clarification from the State Bank of India on 1.3.1999 and 4.3.1999 asking details as to who really got the payments against cheques. In response to this, State Bank of India wrote back on 10.3.1999 that the payments had been made in the account of Mrs. Ravi Kanta Goyal. Those were account payees. cheques. Nature of the allegations does not suggest that the petitioners custodial interrogation is required. If the petitioner took false insurance agency in the name of Ravi Kanta by forging her signatures and also got payment of the cheques though they were in the name of Ravi Kanta by forging her signatures, this allegation can be investigated by calling upon the petitioner to furnish his specimen writing and signatures. Petitioner is a Development Officer in the National Insurance Company, Sangrur. He is not likely to abscond.