Delhi High Court
Manjit Singh Alag vs Cbi on 3 October, 2013
Author: G. S. Sistani
$~R-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A.663/2005
% Judgment dated 3rd October, 2013
MANJIT SINGH ALAG ..... Appellant
Through : Mr.K.B. Andley, Sr. Advocate with
Mr.M.L. Yadav, Advocate
versus
CBI ..... Respondent
Through : Mr.R.V. Sinha and Mr.A.S. Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
1. The preset appeal is directed against the judgment of conviction dated
26.7.2005 and the order on sentence dated 28.7.2005. The necessary facts
of this case as noticed by the trial court are:
"Briefly stating the case of the prosecution is that the case bearing
RC No.56(A)/91 was registered against accused M.S. Alag, Ascota
Machine Operator (AMO) and two other persons namely R.K. Saini
and D.K. Chabra, Officers of Punjab & Sind Bank, H-Block,
Connaught Place, New Delhi as well as one private person Sh.Ravi
Bhushan, proprietor of M/s.Ravi Travels, Gali No.13/1157, Govind
Puri, Kalkaji, New Delhi on the allegation that all the above named
persons entered into a conspiracy, pursuant to which accused M.S.
Alag opened an account No.4630 on 15.5.91 in the assumed name
of Harjeet Singh, proprietor of M/s.M.S. Enterprises, New Delhi.
Sh.Ravi Bhushan introduced the account holder and Sh.D.K.
Chabra accepted the account opening form. However, only accused
M.S. Alag had been sent to face trial in this case for the offences
punishable under Sec. 409, 419, 467, 468, 471, 477-A IPC and
under Sec. 13(2) r/w. 13(1)(c) & (d) of PC Act whereas Sh.D.K.
Chabra and Sh.R.K. Saini, Officers of P&S Bank were put in
column No.2 and Sh.Ravi Bhushan who introduced the account
opening form of Harjeet Singh has been cited as a witness for the
reason that investigation revealed that he signed as introducer on
the request of accused M.S.Alag that Harjeet Singh is his brother
who had left the bank for some work after signing the account
opening form.
2. As per allegation in the FIR, in pursuance of the conspiracy
accused M.S. Alag had falsely shown a receipt of Rs.3.5 lacs in the
said account and withdrew an amount of Rs.3 lacs from the said
account by issuing cheques in the name of various fictitious parties
thereby causing loss to the bank. Investigation revealed that there
was only one post of AMO in the said branch whose services were
utilised for preparation of current account ledger in respect of
statement of account to be sent to the party for maintaining ledge
sheet of FD account and for the purpose of maintaining master
ledger in the bank and the procedure was that three sheets, each of
master ledger, account ledger and party statement of account are
stitched together and put in the machine and after entry are made
through machines, the sheets are separated. All the transactions in
each current account was done by the accused through this machine
daily and not manually. Accused was recording the entries on the
aforesaid sheets on the basis of vouchers duly passed by bank
officers and after the entries were recorded in the sheets, Sh.R.K.
Saini as Officer Incharge, Current Account used to initial the
account sheets of FD account along with a voucher relating to the
transaction of the bank of the day and would also total up the
transaction in master ledger at the end of the day.
3. Accused M.S. Alag filled in a form in the name of Harjeet
Singh, proprietor of M/s.M.S. Enterprises, got the same introduced
from one Sh.Ravi Bhushan who was having current account
No.4107 and requested Sh.D.K. Chabra who was officiating officer
in the absence of Sh.R.K. Saini who happened to be on leave, that
his brother wanted to open a current account and he has left as he
was in hurry. Sh.D.K. Chabra, believing the accused, allowed
opening of the account which was opened with initial deposit of
Rs.500/- and given account No.4630.
4. As per prosecution, Mrs.Satinder Kaur, wife of the accused
opened another account bearing No.4069 in the name of M/s.Sunny
Enterprises as its proprietor with the initial deposit of Rs.500/-.
The accused M.S. Alag had also opened a current account in his
own name bearing No.4130 which was introduced by him as an
employee of the bank. Investigation revealed that a fraud has been
committed by the accused M.S. Alag which is restricted to account
No.4630 of M/s.M.S. Enterprises and 4069 of M/s.Sunny
Enterprises. The stamp of Sunny Enterprises was recovered during
house search of the accused on which expert has also given positive
opinion. In account of M/s.M.S. Enterprises a cheque of Rs.600/-
dated 16.5.91 was deposited on 15.5.91 i.e. the day of opening of
account, thus, there was a balance of Rs.1100/- in this account on
16.5.91.
5. The accused M.S. Alag started abusing his position as AMO
and inserted false credit entry for a sum of Rs.3,92,850/- through
clearing from 16.5.91 itself, the details of such entries made in
account No.4630 are as under:
Dated Amount
17.5.91 23599/-
25.5.91 10000/-
25.5.91 9252/-
4.6.91 45000/-
7.6.91 40000/-
15.6.91 50000/-
15.6.91 45000/-
24.6.91 50000/-
27.6.91 40000/-
27.6.91 30000/-
27.6.91 50000/-
6. The accused has also forged the initials of Sh.R.K. Sainin in
the said current account ledger sheet of account No.4630 and
withdrew the amount from time to time by issuing cheques payable
to „self‟ as well as to other parties with whom he was having
business dealings for purchase of shares etc. The accused also
allegedly dishonestly received the payment which was otherwise to
be paid by the bank to Sh.Prabhjit Kaur, Kanwaljeet, Satinder Kaur,
H.S. Rakhi etc.
7. Investigation revealed that the accused also dishonestly and
fraudulently inserted false credit entries in the account of
M/s.Sunny Enterprises opened by his wife by making false credit
on 4.6.91 and 3.7.91 for an amount of Rs.30,000/- and Rs.40,000/-
in the ledge sheet of said account No.4069. A sum of Rs.59,486/-
was also withdrawn from this account from time to time. Some
payment from account No.4630 withdrawn by accused M.S. Alag
under the forged signature of Harjeet Singh were credited in the
account of M/s.Sunny Enterprises as well as in the real account of
accused M.S. Alag in the said branch.
8. As per report of handwriting expert, it was accused M.S.
Alag who had opened the account in the name of Harjeet Singh in
his capacity as proprietor of M/s.M.S. Enterprises. No criminal
motive could be attributed to Sh.R.K. Saini and Sh.D.K. Chhabra,
officers of the Punjab & Sind Bank as well as Sh.Ravi Bhushan
who introduced the account of Harjeet Singh, hence, they were not
charge sheeted as they were not involved in any conspiracy with the
accused. Accused M.S. Alag allegedly abused his position as
public servant by defrauding Punjab & Sind Bank to the extent of
Rs.3,92,850/- and Rs.59,486/- respectively hence he was sent to
face trial for committing the offence punishable under Section 409,
419, 467, 468, 471, 477A IPC and under Section 13(2) r/w. 13(1)
(c) and (d) of PC Act.
9. After copies were supplied to the accused, a charge for the
offence punishable under Sec.409, 419, 467, 468, 471 and 477-A
IPC and Sec. 13(2) r/w. 13(1) (c) & (d) of PC Act was framed
against the accused to which the accused pleaded not guilty and
claimed trial."
2. After some hearing in the matter, Mr.K.B. Andley, learned senior counsel
assisted by Mr.M.L. Yadav, advocate submits that he does not wish to
argue the appeal on merit, however, prays that a lenient view be taken in
the matter and the sentence awarded be reduced as the appellant is now a
senior citizen; he has faced trial for about 22 years; he is suffering from
various ailments, including diabetes, hypertension; the appellant has also
deposited a sum of Rs.5.18 lacs with the bank as also the amount of fine;
and also the services of the appellant have been terminated by the bank.
3. I have heard counsel for the parties and considered their rival
submissions.
4. Having regard to the fact that the appellant has faced trial for about 22
years; appellant is now a senior citizen; he is suffering from various
ailments, including diabetes, hypertension; appellant has also deposited a
sum of Rs.5.18 lacs with the bank as also the amount of fine; and also the
services of the appellant have been terminated by the bank, the appeal is
partly allowed and the sentence awarded to the appellant is reduced from
two years to one year.
5. Appeal stands disposed of, in above terms. Appellant is directed to
surrender by 5.11.2013.
G.S.SISTANI, J
OCTOBER 03, 2013
ssn
