BODH RAJ Vs. STATE OF J&K

JUDGEMENT

(1.) In this appeal, the appellant has assailed the judgment dated 12th May, 2012 passed by the Principal Sessions Judge, Jammu, by virtue of which he has been convicted under Sections 420 and 467 RPC and the order dated 17th May, 2012, by virtue of which the appellant has been sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 1,50,000/- (Rupees One Lac and Fifty Thousand) under Section 420 RPC and rigorous imprisonment for ten years and a fine of Rs. 2.00 lacs (Rupees Two Lacs) under Section 467 RPC. Both the sentences were ordered to run concurrently.

(2.) In the memo of appeal, it has been stated that the complainant, namely, Sheran Bibi had deposited Rs. 4.00 lacs (Rupees Four Lacs) with the Finance Company of the appellant, out of which, she has withdrawn Rs. 83,000/- on different occasions and the appellant refused to pay the balance of Rs. 3,17,000/- when demanded and had fraudulently transferred the same to the loan account of the husband of the complainant, namely, Bashir Ahmed, who alleged to have borrowed loan of Rs. 3,50,000/- from the company of the appellant by forging an application of the complainant for transfer of the amount to the loan account of the husband of the complainant and also forging the Hundi for Rs. 3,50,000/- in the name of the husband of the complainant. The FIR was lodged by the Finance Minister on the complaint of the complainant.

(3.) It is stated that when both the documents, i.e. Transfer Application of the complainant for transfer of the amount to the loan account of her husband and the Hundi were sent to the Director FSL for examination, he submitted his report that the thumb impression of the complainant on the Transfer Application is that of the complainant. But further reported that the signatures on the Hundi allegedly executed by Bashir Ahmedhusband of the complainant set up by the appellant does not tally with the admitted signatures of the husband of the complainant sent to FSL. The Police Station City, Jammu produced the challan against the appellant under Sections 420 and 467 RPC, for which the appellant was charged of having cheated the complainant by committing forgery.