PANKAJ SHARMA Vs. STATE OF H P

JUDGEMENT

(1.) This petition has been filed under Sec. 438 Crimial P.C. for enlarging the petitioner on bail in case FIR No. 150 of 2018 registered in P.S. Karsog, under Sections 420, 467, 468, 471 and 472 IPC.

(2.) Prosecution case, in brief, as per FIR dated 10.10.2018, is that petitioner has fabricated Transfer Receipts (in short TRs) indicating the deposit of Rs. 11 lacs on 10.9.2018, Rs. 2 lacs on 12.9.2018 and Rs.3.50 lacs on 15.9.2018, in PNB Karsog on behalf of firm of complainant whereas no such amount was ever deposited by him in the bank. It is further case of prosecution that for fabricating these TRs of Excise Department, he has prepared the seals of bank and put the same on TRs and also forged the signatures of bank officials thereon, before handing over these TRs to salesman of complainant. According to complainant, out of Rs. 16.50 lacs, Rs. 6.5 lacs were handed over by the complainant to the petitioner for depositing on his behalf, whereas two TRs amounting to Rs. 5 lac each dated 10.9.2018 were fabricated by petitioner/accused purporting that he had invested Rs. 10 lac in the business of complainant as a partner. Non-deposit of amount vide aforesaid TRs came in the notice of complainant in the end of month when Excise Department raised the issue of non-deposit of amount and thereafter on verification by complainant from PNB Karsog, it came in the notice that accused/petitioner has forged/fabricated the TRs and has not deposited any amount as purported by him, which resulted into lodging of complaint against the petitioner/accused.

(3.) It is also case of prosecution that on 8th Oct., 2018 complainant and petitioner/accused had approached the police station and produced a compromise deed and had made their statements. Nand Lal complainant had told the police that petitioner/accused was engaged by him as a Manager and in the month of Sept., 2018, Rs. 16.50 lacs was handed over to him for depositing in PNB Karsog on various dates which were not deposited by him, but as the petitioner was admitting his guilt and had agreed to pay the entire amount of Rs.16.50 lacs to complainant on or before 13.10.2018 they had compromised the matter. According to prosecution, accused/petitioner had accepted the said version of complainant Nand Lal. In his statement before police with further statement that he had visited Churag on 6.10.2018 and he had returned back to Karsog on 7.10.2018 on his own volition and nobody had confined him and since 7.10.2018 he is working on the liquor vend at Karsog. According to prosecution, thereafter petitioner/accused, in his own vehicle, had left for his home as per his will.