Joginder Lal vs The State (Delhi Admn.)
1998 Latest Caselaw 196 Del

ORDER

Dalveer Bhandari, J.

1. This revision petition is directed against the judgment of the learned Additional Sessions Judge, Delhi dated 8th January, 1981 by which the order of the learned Additional Chief Metropolitan Magistrate, Delhi has been upheld by convicting the positioned under Sections 420, 467, 468 and 471 IPC. The accused was sentenced to undergo RI for two years and a fine of Rs. 200 under Section 420, in default of which further RI for three months. He was further sentenced to undergo RI for two years and a fine of Rs. 200/- under Section 468 IPC, and in default thereof, R.I. for three months. Under section 467, he was sentenced to undergo RI for three years and a fine of Rs. 500/- and in default thereof a further RI for six months. He was further sentenced to undergo RI for three years and a fine of Rs. 500/- under section 471 read with section 467, and in default, a further R.I. for six month.

Brief facts necessary to dispose of this revision petition are recapitulated as under:

2. A complaint was lodged by the Assistant Superintendent Post Offices, New Delhi (Central Division) on 5.2.1969 with Special Crime Branch alleging that a Money Order No. 5317 dated 10.5.1968 for Rs. 175/- payable to Jagdish Prasad R/O 7/30, West Patel Nagar purporting to have been issued from Fort Mandsaur (MP) was received in Patel Nagar Post Office on 17.5.1968. It was entered in the register of money orders and given to Gulab Singh Postman for disbursement to the payee. On 17.5.1968, it could not be disbursed as the payee did not meet the Postman. However, it was disbursed on 18.5.1968.

3. The genuineness of the money order was verified from the office from which it was issued and it was found that no such money order had been issued by the Post Office, Fort Mandsaur (MP) and a fraud has been committed by a gang comprising of Sham Singh, Joginder Lal and Krishna Lal. The learned Additional Chief Metropolitan Magistrate arrived at the definite conclusion that the petitioner Joginder Lal forged the Money Order (Exhibit PW-2/C) with the intention to cheat P&T Deptt, and he himself wanted to receive the money through the agency of Jagdish Prasad and a sum of Rs.175/- was actually tendered to Jagdish Prasad by the Postman. This judgment was upheld by the learned Additional Sessions Judge. This revision petition has been filed against the said judgment.

4. On consideration of the totality of the facts and circumstances of this case, no infirmity can be found with the reasoning of the learned Additional Sessions Judge. However, the fact that the incident is of 18.5.1968. Almost 30 years have elapsed. The learned counsel for the petitioner submitted that the accused has already undergone substantial period of sentence and it would be quite harsh to direct him to undergo the remaining sentence after 30 years.

5. Looking to the totality of the facts and circumstances of this case, in my considered opinion, the ends of justice shall be met if the conviction of the petitioner is confirmed and the sentence of imprisonment is reduced to the period already undergone.

6. The Revisions Petition is accordingly disposed of.