The court held that the accused persons were guilty of offences under Sections 420 and 120-B/420 IPC based on the evidence that they had entered into a criminal conspiracy to cheat the State Bank of India by pledging goods in less quantity and over-valuing the goods.

1. - As all the three above cases arise out of a common judgment of the learned Additional Sessions Judge Jaipur City, dated 4th November, 1972, in Sessions Case No. 29/71 we are also disposing of all the above cases by one common judgment.

2. Gurbachan Singh, Mohanjit Singh, Dharam Dev Agarwal and Ramesh Chandra were tried for offences under Section 120-B and 420 IPC. The learned Additional Sessions Judge acquitted accused Ramesh Chandra. He convicted and sentenced the other three accused persons in the following manner :

1. Gurbachan Singh - u/s 120-B/420 & 420 IPC, sentenced to imprisonment till rising of the court and a fine of Rs. 2,500/- on each count and in default of payment of fine one year's rigorous imprisonment on each count.

2. Mohanjit Singh- u/s 120-B & 420 IPC, sentenced to imprisonment till rising of the Court and a fine of Rs. 1,000/- on each count, in default of payment of fine six months rigorous imprisonment on each count.

3. Dharam Dev Agarwal- u/s 120-B & 420 IPC-sentenced to six months rigorous imprisonment on each count and a fine of Rs. 1,000/- on each count and n default of payment of fine further rigorours imprisonment for six months on tach count.

3. Criminal Revision No 127/1973- by State of Rajasthan has been filed against accused Gurbachan Singh and Mohanjit Singh for the enhancement of the sentences. Criminal Appeal No. 735/1972 has been filed by accused Dharam Dev Agarwal against his convictions and sentences and Criminal Appeal No. 788/1972 as been filed by Gurbachan Singh and Mohanjit Singh against their convictions and sentences passed by the trial Court.

4. Shortly stated the prosecution case is that Gurbachan Singh was the proprietor and his son Mohanjit Singh was the manager of Messrs. Gandhi Industries which was dealing in wool and woollen felts and had its branch office at Jaipur. Accused Dharam Dev Agarwal was the godown-keeper in the State Bank of India, Jaipur from 17th October, 1959 to 4th November, 1961 and accused Ramesh Chandra, who took charge from Dharam Dev Agarwal remained as Godown-keeper upto 5th December, 1962. At the request of Messrs. Gandhi Industries the State Bank of India, Jaipur Branch initially granted a cash credit limit of Rs. 10,000/- upon the security of the goods pledged on 17th October, 1959. This cash credit limit was increased from time to time and was Rs. 1,80,000/- on 5th February, 1962. According to the agreement between Gandhi Industries and the Bank, the limit of advances under this cash credit account was not to exceed 60 percent of the value of the goods so pledged. The case of the prosecution is that accused Gurbachan Singh and Mohanjit Singh entered into a criminal conspiracy with the other two accused persons who were godown-keepers of the Bank between 17th October, 1959 and 5th December, 1962 to commit or cause to be committed the offences a of cheating by inducing the bank on false and fraudulent representation of facts to grant or advance withdrawals of more amounts than amounts which Messrs. Gandhi I Industries had otherwise been eligible, if the Bank had not been so cheated by falsely exaggerating the quantum of goods i. e. pledging goods in less quantity than quantity as mentioned in the pledged letters and over-valuing the goods i.e. by mentioning different and inferior quality of goods of less value than mentioned in the pledged letters. Both the Godown keepers also made entries of false quantity and less value of wool and woollen felts in the stock ledgers and godown inspection registers and issued wrong certificates, certifying the correctness of the quantity, quality and description of value of the wool and woollen felts. The bank was thui cheated to the tune of Rs. 1,45,774.47 paise. In December, 1962, the Bank found that the stocks of Messrs. Gandhi Industries had accumulated and their pledged stocks were not moving. On a detailed inspection conducted by the branch authorities, a huge shortage both of wool and woollen felts was de