RAJINDER KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellants after being charged were tried for commission of offences U/Ss 419,420,467,468,471, and 120 -B, R.P.C. in the Court of learned Sessions Judge Jammu. Learned Sessions Judge by his judgment and order dated 27th/28th of January 1997 convicted and sentenced each one of them for commission of offences U/Ss 419,420,467,468 and 471, read with Sec. 120 -B, R.P.C. and sentenced them to undergo rigorous imprisonment for one year U/S 419 RPC with a fine of Rs. 500/ -, to rigorous imprisonment for two years and a fine of Rs.500/ - U/S 420 RPC, to rigorous imprisonment for three years and a fine of s. 1000/ - U/S 467 RPC, to two years rigorous imprisonment for one year and a fine of Rs. 500/ - U/S 471 -RPC, read with Sec. 120 -B,RPC. In default in the payment of fine imposed for commission of each of the aforesaid offences, all the accused -appellants were directed to undergo three months imprisonment each. All the sentences were ordered to run concurrently. Hence the appellants are in appeal.

(2.) THE case of the prosecution was that appellant No. 1, Rajinder Kumar, personating himself to be Chakarvarti Sharma sons of Srikant Sharma R/O 317 -Rani Mandir, Below Gumat Jammu, approached the New Bank of India on 12.5.1981 and opened Saving Bank account by depositing Rs. 13000/ -. He was introduced to the Bank by one Vijay Malhotra, an employee of the Bank who also verified his signatures. After having opened the account, appellant No. 1 on 13.5.1981 applied for grant of loan of Rs. 53000/ - for purchasing a taxi and in this behalf alongwith the application he filled up the requisite form. The competent authority of the Bank accordingly sanctioned a loan of Rs. 53000/ - on 22.5.1981. Cheque No. 000189/581 for a sum of Rs. 69236/ - which included down payment furnished by the loanee was issued by the Bank in the name of M/S Alson Motors Jammu and cheque was handed over to appellant No. 1, taking him to be Chakarvarti Sharma. After execution of the relevant documents by appellant No. 1 in the name of Chakarvarti Sharma and on furnishing guarantees/sureties of appellants 2&3 in respect of the said loan amount was sanctioned in his favour. In the year 1984 PW Satish Kumar, who was working as Special Assistant in New Bank of India and was dealing with loan/advance section while checking the loan register discovered that against one Chakarvarti Sharma who had obtained the loan for purchase of a taxi an amount of Rs. 60/70 thousands was in arrears. Accordingly notices were issued to said Chakarvarti Sharma and his guarantors, Prem Singh and Vijay Kumar (appellants 2&3) demanding repayment of the outstanding amount. In response to the notices of the Bank Chakarvarti Sharma in turn through a legal notice took up the stand that he had not obtained any loan from the Bank. On this the Branch Manager contacted the borrower and the guarantors i.e. appellants herein, but to no avail. The Branch Manager, Sh.J.P.Gupta on inferring that the Bank stood cheated by a person who had impersonated himself as Chakarvarti, lodged the FIR EXPWJP with SSP Jammu. SSP Jammu forwarded the application of the Branch Manager to Police Station R.S.Pura, which registered FIR No. 352/84 on 15.10.1984 U/Ss 419,420,467, 468, 47/120 -B RPC and started investigation of the case. During investigation the documents pertaining to grant of loan were seized. The accused were arrested and specimen signatures of appellant No.1, Rajinder Kumar, real Chakarvarti Sharma and appellants 2&3 were obtained and alongwith seized documents containing disputed signatures of the accused were sent to F.S.L.Dalgate Srinagar for comparison of handwriting and opinion. Statements of the witnesses U/S 161 Cr.P.C. were also recorded. After receiving the report of the F.S.L.Srinagar the investigating agency came to the conclusion that all the three accused persons were responsible for the fraud committed by them by resorting to forgeries. Hence charge sheet was filed. Learned Trial Court, after hearing the prosecution and the defence framed charges against the accused for the aforesaid offences and called upon the accused to plead. The accused pleaded not guilty and claimed trial. Hence the prosecution was directed to lead evidence for proving the charges. Prosecution examined PWs Satish Kumar Vig, Joginder Parkash Gupta, Jagmohan Koul, Sh.S.K.Gupta and Girdharilal Raina only. After completion of the prosecution evidence all the incriminating circumstances appearing in the evidence were put to the accused and their statements U/S 342 Cr.P.C. were recorded. The accused put up denial to the allegations and claimed false implication. They however, did not enter defence. The Trial Court principally relying upon the evidence of PWs Satish Kumar and Jagmohan Koul held the accused guilty for the offences and convicted and sentenced them as aforesaid.

(3.) I have heard the learned counsel for the appellants and Mrs.Aruna Thakur, learned Government Advocate for the State.