Punjab-Haryana High Court
G.B. Maggu vs C.B.I on 6 April, 2011
Author: Jora Singh
Bench: Jora Singh
CRA-S-1246-SB of 2002 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRA-S-1246-SB of 2002
Date of decision: 06.04.2011
G.B. Maggu
........ Appellant
Versus
C.B.I.
........ Respondent
CORAM: HON'BLE MR.JUSTICE JORA SINGH
PRESENT: Mr. Pawan Girdhar, Advocate, for the appellant.
(in all the cases)
Mr. Ajay Kaushik, Advocate, for C.B.I.
JORA SINGH, J.
By this common judgment, I propose to dispose of 5 appeals bearing Nos. CRA-S-1246-SB of 2002, CRA-S-1876-SB of 2003, CRA-S-444-SB of 2004, CRA-S-445-SB of 2004 and CRA-S- 1561-SB of 2005, preferred by G.B. Maggu, arising out of case R.C. No. 19/96-Chg, dated 20.3.1996, registered under Sections 120-B/420/467/ 468/471/409/477-A IPC and Section 13 (1) (c) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred as 'the Act') at Police Station SPE/CBI/ACB/CHG.
In challan No.1 vide judgment of conviction dated 22.7.2002 and order of sentence dated 25.7.2002, appellant was convicted under Sections 409/477-A IPC and Sections 13 (1) (c) read with Section 13 (2) of the Act and was sentenced as under: CRA-S-1246-SB of 2002 -2-
1. Under Section 13 (1) (c) read with Section 13 (2) of the Act To undergo rigorous imprisonment for a period of three years and to pay a fine of ` 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.
2. Under Section 409 IPC To undergo rigorous imprisonment for a period of three years and to pay a fine of ` 5000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months.
3. Under Section 477-A IPC To undergo rigorous imprisonment for a period of three years.
In challan No. 2, appellant was convicted under Sections 409/477-A IPC and Sections 13 (1) (c) read with Section 13 (2) of the Act and was sentenced as under:
1. Under Section 409 IPC To undergo rigorous imprisonment for a period of seven years and to pay a fine of ` 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months.
2. Under Section 477-A IPC To undergo rigorous imprisonment for a period of five years.CRA-S-1246-SB of 2002 -3-
3. Under Section 13 (1) (c) read with Section 13 (2) of the Act To undergo rigorous imprisonment for a period of four years and to pay a fine of ` 300/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months.
In challan No.3, appellant was convicted under Sections 409/477-A IPC and Sections 13 (1) (c) read with Section 13 (2) of the Act and was sentenced as under:
1. Under Section 409 IPC To undergo rigorous imprisonment for a period of seven years and to pay a fine of ` 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months.
2. Under Section 477-A IPC To undergo rigorous imprisonment for a period of five years.
3. Under Section 13 (1) (c) read with Section 13 (2) of the Act To undergo rigorous imprisonment for a period of four years and to pay a fine of ` 300/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months.
In challan No. 4, appellant was convicted under Sections 409/477-A IPC and Sections 13 (1) (c) read with Section 13 (2) of the CRA-S-1246-SB of 2002 -4- Act and was sentenced as under:
1. Under Section 409 IPC To undergo rigorous imprisonment for a period of seven years and to pay a fine of ` 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months.
2. Under Section 477-A IPC To undergo rigorous imprisonment for a period of five years.
3. Under Section 13 (1) (c) read with Section 13 (2) of the Act To undergo rigorous imprisonment for a period of four years and to pay a fine of ` 300/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months.
In challan No.5, appellant was convicted under Sections 120-B/420/467/468/ and 471 IPC and Sections 13 (1) (d) read with Section 13 (2) of the Act and was sentenced as under:
1. Under Section 420 IPC To undergo rigorous imprisonment for a period of four years and to pay a fine of ` 400/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month.
2. Under Section 467 IPC To undergo rigorous imprisonment for a period of CRA-S-1246-SB of 2002 -5- seven years and to pay a fine of ` 700/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months.
3. Under Section 468 IPC To undergo rigorous imprisonment for a period of four years and to pay a fine of ` 400/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month.
4. Under Section 471 IPC To undergo rigorous imprisonment for a period of seven years and to pay a fine of ` 700/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months.
5. Under Section 13 (1) (d) read with Section 13 (2) of the Act To undergo rigorous imprisonment for a period of five years and to pay a fine of ` 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month.
All the sentences were ordered to run concurrently in all the cases.
Prosecution story, in brief, is that G.B. Maggu-appellant was working as Head Cashier in Central Bank of India Branch, Ghasauli, District Sonepat. Information was received by CBI, Anti Corruption Bureau, Chandigarh, to the effect that Sh. K.K. Sharma, Branch Manager, G.B. Maggu, Head Cashier and Narsi Lal, Clerk, CRA-S-1246-SB of 2002 -6- serving in Central Bank of India, Branch Ghasauli, in connivance with each other have given some undue advantage to some persons or account holders by cheating the bank. By forging some documents, they have prepared vouchers without any authority. After the case was registered then during investigation it was found that during the year 1991 to 1995, accused prepared 244 deposit vouchers in different dates but did not bring these vouchers on the record of the Bank. In the year 1991-92, he had committed fraud to the tune of ` 33,400/-. During the period of 1991 to 1995, accused entered into a criminal conspiracy with each other and with Ramesh Kumar, proprietor of M/s Dinesh Fabrics, Surat; Jagdish Kumar, proprietor of M/s Neelam Textiles Surat; Sant Kumar, proprietor M/s Uma Silk Mills, Surat, Alok Sharma S/o K.K. Sharma, Branch Mangager and some other persons with the intent to cheat the bank by forging documents. Accused cheated and defaulted the bank to the tune of ` 22,83,511/-. Mr. K.K. Sharma, allowed the opening of the account in the name of Ramesh Kumar, proprietor of M/s Dinesh Fabrics, Surat; Jagdish Kumar, proprietor of M/s Neelam Textiles Surat and Sant Kumar, proprietor M/s Uma Silk Mills, Surat. Account opening form was duly attested by K.K. Sharma, Branch Manager and he provided overdraft facility to the above said firms indiscriminately against a meagre time deposit of FDR of ` 2.3 lacs, ` 1.65 lacs and ` 2.50 lacs. K.K. Sharma, Branch Manager, used to debit various amounts to these accounts through debit transfer vouchers, without any authority from these parties. Vouchers were CRA-S-1246-SB of 2002 -7- passed by K.K. Sharma and the amount was remitted to Surat through demand drafts in favour of the above said parties and other persons. K.K. Sharma, Branch Manager, operated account No. 1422 jointly with his son Alok Sharma,. From the accounts of above said three firms, huge amount was transferred and deposited in account No.1422 which was later on withdrawn by K.K. Sharma, by forging the signatures of his son Alok Sharma. Vouchers were paid without any authority from the parties concerned. Accused after making entries in the pass-book of the depositors and after preparing cash deposit vouchers of the amounts, did not make entries of the said amount in the bank ledger of the account holders.
Accused in the said criminal conspiracy, cheated and defrauded the bank to the tune of ` 22,83,511/-. During the period of 1991 to 1995, amount of ` 7,50,868/-, ` 8,04,976 and ` 7,28,197/- respectively, was found outstanding from the above said firms. After the completion of investigation, separate challans were filed qua different periods.
Accused was charge-sheeted under Sections 120-B/420/ 467/468/471/409/477-A IPC and Section 13 (1) (c) read with Section 13 (2) of the Act, to which he pleaded not guilty and claimed trial.
In order to substantiate its case, prosecution examined number of witnesses separately in all the cases.
After close of the prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded separately in each CRA-S-1246-SB of 2002 -8- case. Accused denied all the allegations of the prosecution and pleaded to be innocent.
Opportunity was given to lead defence but no defence was led.
After hearing learned Public Prosecutor for the CBI, learned defence counsel and from the perusal of evidence available on the file, appellant was convicted and sentenced as stated aforesaid.
I have heard learned counsel for the appellant, learned counsel for CBI and carefully gone through the evidence available on the file.
After arguing for some time, when learned defence counsel for the appellant failed to point out any infirmity or illegality in the impugned judgments then stated that impugned judgments are not challenged on the point of conviction. Appellant was directed to undergo rigorous imprisonment for a period of 7 years under Sections 409/467/471 IPC. Appellant has already undergone 3 years and 6 days out of the actual sentence. Requested to take lenient view.
Mr. Ajay Kaushik, Advocate, for CBI, argued that appellant was serving as Head Cashier in Central Bank of India Branch, Ghasauli, District Sonepat and with the connivance of the Manager and other employees, appellant cheated and defrauded the bank to the tune of ` 22,83,511/- approximately. Keeping in view the nature of offence, lenient view be not taken.
No doubt, learned defence counsel for the appellant has not challenged the impugned judgments on the point of conviction and CRA-S-1246-SB of 2002 -9- simply requested to take lenient view but even then I want to scrutinize the evidence as to whether prosecution story inspires confidence or not?
Evidence on file shows that appellant was serving as Head Cashier in Central Bank of India Branch, Ghasauli, District Sonepat, in the year 1991 to 1995. Mr. K.K. Sharma, was the Branch Manager at that time. Specimen signatures/writing of the appellant were taken and compared with the disputed signatures/writing of the appellant. Disputed signatures/writing were found tallied with the specimen writing/signatures of the appellant.
Internal Audit of the bank for the period May, 1994 to May, 1995 was carried out. During Audit irregularities were observed and this fact is clear from the statement of PW-2 S.K. Gupta (in challan case No.5), who was the member of the Audit Party.
PW-3 K.L. Chhabra (in challan case No.5) stated that he was the Branch Manager, in the year 1995. He along with S.N. Bansal, the then ARM, after enquiry found that payment was deposited by the customers/depositors but the same was not accounted for in the bank record. Entries were made in the pass-book of the customers. Ex. PW-3/3 to Ex. PW-3/7 are the enquiry reports.
PW-6 R.P. Pahwa, stated that he was the Branch Manager in Ghasauli Branch of Central Bank of India from April, 1995 to May, 1998. G.B. Maggu, was the Head Cashier, in the year 1991 to 1995. G.B. Maggu, had given his specimen signatures on various sheets in his presence. Account No. 1422, was opened in the name of Alok CRA-S-1246-SB of 2002 -10- Sharma and Krishan Kumar (K.K. Sharma) the then Branch Manager. Entries from 11.5.1991 to 8.4.1995, made in the ledger sheet Ex. PW- 6/53 are in the hands of G.B. Maggu. Ex. PW-6/54, is the copy of the statement of account No. 1422. As per credit vouchers Ex. PW-6/59 to Ex. PW-6/118, payment was received by G.B. Maggu. Vouchers are also in the hands of G.B. Maggu. As per vouchers payment was credited to saving bank account No. 1422. Vouchers were filled in by K.K. Sharma and payments were made by G.B. Maggu. Vouchers were not passed for payment by any officer of the bank. Payments were knowingly made by the appellant to K.K. Sharma, despite knowing the fact that Alok Sharma, was not coming to the bank. Ex. PW-6/192, is the copy of the statement of account. Payment as per vouchers Ex. PW-6/196, Ex. PW-6/207 to Ex. PW-6/209, were paid in cash by the appellant. Payment was not made to the account-holders. Payment was received by K.K. Sharma, in connivance with G.B. Maggu. Pay-in- slips Ex. PW-6/230 to Ex. PW-6/233, Ex. PW-6/233-A, Ex. PW-6/234 and Ex. PW-6/238 to Ex. PW6/241, are in the hands of the appellant. Payment was also received by him. As per pay-in-slips amount was not credited in the ledgers of the respective account holders. Specimen signatures cards and application for opening of the accounts by M/s Dinesh Fabrics and M/s Neelam Textiles and credit vouchers Ex. PW- 6/257 and Ex. PW-6/258 are in the hands of G.B. Maggu-appellant. As per debit voucher Ex. PW-6/260, payment was made by the appellant- G.B. Maggu. Credit vouchers Ex. PW-6/261, Ex. PW-6/268 and Ex. PW-6/269, are also in the hands of the appellant. Payment was also CRA-S-1246-SB of 2002 -11- received by him. Vouchers Ex. PW-6/273 to Ex. PW-6/275, Ex. PW- 6/283, Ex. PW-6/284, Ex. PW-6/296, Ex. PW-6/297. Ex. PW-6/304 and Ex. PW-6/305 are in the hands of the appellant. FDRs Ex. PW-6/278, Ex. PW-6/279, Ex. PW-6/306, Ex. PW-6/309, Ex. PW-6/310, Ex. PW- 6/313 and vouchers Ex. PW-5/316, Ex. PW-6/317, Ex. PW-6/317, Ex. PW-6/338 to Ex. PW-6/340, Ex. PW-6/345, Ex. PW-6/353, Ex. PW- 6/357, Ex. PW-6/366, Ex. PW-6/372, are also in the hands of G.B. Maggu-appellant, vide which he received payment in cash.
Documentary evidence on the file shows that appellant with the connivance of Bank Manager and other employees had cheated and defrauded the bank to the tune of Rs.22,83,511/-. Evidence on file was rightly scrutinized by the trial Court. No reason to differ. Impugned judgments on the point of conviction are upheld.
Challan was presented against K.K. Sharma and the present appellant. File shows that K.K. Sharma, had died. Appellant was the Head Cashier. Appellant has one un-married daughter of marriageable age. Wife of the appellant is not keeping good health. Appellant is a patient of asthma. Mother of the appellant is 76 years old. Out of maximum sentence of 7 years, appellant has already undergone 3 years and 6 days as per custody certificate produced by the learned counsel for the CBI at the time of arguments. Appellant is out of service and faced the agony of protracted trial for the last about 20 years.
Keeping in view the facts and circumstances of the case, I take lenient view and direct the appellant to undergo imprisonment CRA-S-1246-SB of 2002 -12- already undergone (3 years and 06 days). All the sentences to run concurrently in all the cases. Fine maintained.
For the reasons recorded above, CRA-S-1246-SB of 2002, CRA-S-1876-SB of 2003, CRA-S-444-SB of 2004, CRA-S-445-SB of 2004 and CRA-S-1561-SB of 2005, dismissed with modification on the point of sentence.
April 06, 2011 ( JORA SINGH ) rishu JUDGE