State vs . V.S. Sharma on 19 April, 2016
PW7 Gyan Chand Jain deposed that he was the exTreasurer
of the Society. He was chosen as Treasurer by the members of the Society
on 04.05.1982. Since the earlier Treasurer, whose name he did not
remember had not handed over the account and cheque books of the Society
and other records, he wrote a letter to the Secretary, accused V. S. Sharma,
FIR No. 353/86
P.S. G.K.1 Page No.17 of 42
and to the President Sh. S. P. Jain, demanding the records, as in its absence
he would not be responsible for any lapse regarding funds of the society. He
did not receive any reply for these letters. The society was operating only on
one account in Canara Bank, Nehru Place Branch. He was introduced
regarding this account by V. S. Sharma, who was the Secretary of the
Society. There were other accounts opened by Mr. V. S. Sharma fraudulently
in the name of the Society in Canara Bank, East of Kailash Branch and also
at Dena Bank, Nehru Place Branch. Name of PW7 and Mr. S.P. Jain were
figuring in the opening those accounts i.e. when he had never signed on
those accounts. The money was fraudulently collected from the members of
the Society and the cheques deposited in these two accounts and from where
money was transfered to M/s. Prakash & Companies account, which was
under the proprietorship of Mrs. Vinod Sharma s/o Sh. V. S. Sharma. Money
in this account of the company was then withdrawn by accused V. S. Sharma
being the attorney of the account. Regarding the account of the society in
Canara Bank, Nehru Place Branch, he had signed only four cheques, one
was of Rs.8,40,000/ approximately and second for Rs.2,16,000/ to make the
draft for DDA and to deposit the money for the land price alloted to the
Society and the third cheque was signed for Rs.6,000/ to refund to a member
of the society on the fourth cheque was for Rs.215/ to pay of petty expenses.
FIR No. 353/86
P.S. G.K.1 Page No.18 of 42
He gave specimen signatures to the police vide Ex.PW5/H. Except these four
cheques mentioned above, he did not sign on any other cheque for
withdrawal of the money from the Society. His signatures on the account
opening form of Dena Bank, Nehru Place Branch at Q22 have been
fraudulently placed or made in the document Ex.PW7/A. The copy of
resolution dated 01.09.1983 of the Cooperative Society bears the signatures
of PW7 in original, having been shown to be made at Q26 on Ex.PW7/B
have also been fraudulently made. The photocopy of the cheque (MarkB)
also bears his forged signatures, which shows an amount of Rs.37,000/, who
have been shown payable to M/s. Prakash & Company. The photocopy of the
cheque (MarkB1) for an amount of Rs.8,000/ payable to M/s. Prakash &
Company also bears his forged signatures as Tresurer and another cheque
(MarkB2) of Rs.5,000/ of Canara Bank, East of Kailash, payable to self,
bears his forged signatures as Tresurer. Further documents (MarkB3 to B13)
all bear his forged signatures and the same have not been signed by him.
The photocopy of the minutes of the meeting of the Society (Ex.PW2/B) dated
09th in year 1982 is also not signed by him.