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1986 Supreme(P&H) 211
PUNJAB AND HARYANA HIGH COURT
B.S. Yadav, J.
Kishan Chand - Petitioner
Versus
State of Punjab - Respondent
Criminal Revision No. 580 of 1983.
Decided On : 15 July, 1986
For the Petitioner:Mr. A.N. Mittal, Advocate.
For the Respondent:Mr. C.M. Sharma, Advocate.
A demand form for fertilizer, even if forged, does not constitute a valuable security or a document empowering any person to receive property, and therefore, forgery of such a document does not fall under Section 467 IPC.
Headnote:
CRIMINAL LAW - FORGERY - SECTIONS 465, 467, 471, 120-B INDIAN PENAL CODE - DEMAND FORM - FORGED SIGNATURES - CONVICTION - SENTENCE - PROBATION.
Fact of the Case:
Petitioners, members of a Co-operative Society, along with officials of the Bank and Co-operative Department, were convicted for forgery and conspiracy in relation to a demand form for fertilizer. The demand form contained forged signatures of some members, and the petitioners obtained authority letters from the Bank based on the forged document to lift fertilizer from a Dhariwal Society.
Finding of the Court:
The court found that there was no direct evidence of conspiracy between the petitioners and the officials of the Bank and Co-operative Department. The authority letter issued by the Bank for Rs. 30,800/- was not genuine, and the signatures of the officials on the document were not conclusively established. The court also found that the petitioners, as office bearers of the Society, could not be convicted under Section 467 IPC as the demand form did not amount to a valuable security or a document empowering any person to receive property.
Issues: 1. Whether the petitioners conspired with the officials of the Bank and Co-operative Department to forge the demand form and obtain authority letters for fertilizer. 2. Whether the demand form constituted a valuable security or a document empowering any person to receive property. 3. Whether the petitioners could be convicted under Section 467 IPC for forgery of the demand form.
Ratio Decidendi: 1. The court held that there was no direct evidence of conspiracy between the petitioners and the officials of the Bank and Co-operative Department. The authority letter issued by the Bank for Rs. 30,800/- was not genuine, and the signatures of the officials on the document were not conclusively established. 2. The court held that the demand form did not constitute a valuable security or a document empowering any person to receive property. It was at most a document that could be used to obtain fertilizer from the Dhariwal Society. 3. The court held that the petitioners could not be convicted under Section 467 IPC for forgery of the demand form as it did not amount to a valuable security or a document empowering any person to receive property.
Final Decision: The court accepted the revision petitions of the officials of the Bank and Co-operative Department and acquitted them of the charges. The court altered the conviction of the petitioners, who were office bearers of the Society, from Section 467 IPC to Section 465 IPC and reduced their sentence. The court also ordered their release on probation for a period of two years.
B.S. Yadav, J. - This judgment will dispose of the above titled Revision Petition as well as Revision Petition No. 586 Basant Singh v. State of Punjab, 603 Kashmir Singh v. State of Punjab, 604 Avtar Singh v. State of Punjab, and 605 Gurbachan Singh and another v. State of Punjab all of 1983, as all of them arise out of the same judgment.
2. The prosecution case in brief is that there was one Co-operative Society by the name of Shapur Amargarh Co-operative Agriculture Society Ltd. (for short the Society). Petition Gurbachan Singh was working as Cashier in the Society while petitioner Balkar Singh and Surat Singh (acquitted accused) were the members of the Managing Committee. Petitioner Basant Singh (of Revision Petition No. 586), was its Secretary, Petitioners Kashmir Singh (of Revision Petition No. 603) and Avtar Singh (of Revision Petition No. 604) were posted in the relevant days as Cashier and Manager, respectively, in Gurdaspur Central Co-operative Bank Ltd. Gurdaspur, at its Kalanaur Branch (for short the Bank). Petitioner Kishan Chand and Harbans Lal (of the present Revision Petition) were posted as Inspector and Sub Inspector, Co-operative Department respectively and the Society fell in the jurisdiction of their control.
3. On 13.8.1974, Gurbachan Singh, Balkar Singh, Surat Singh and Basant Singh as members of the Managing Committee of the Society passed a resolution for the purchase of fertilizer worth Rs. 30,800/- for distribution to its members. On the strength of that resolution, those four persons demand from Exhibit PB for Rs. 30,800/- in the names of some members, including Tara Singh PW7, Piara Singh PW8, Kartar Singh PW9, Piara Singh PW18 and Puran Singh son of Mangal Singh. Petitioners Kishan Chand and Harbans Lal endorsed the demand from Exhibit PB. Later on the demand was reduced to Rs. 29,200/- on the ground that one of the loanees, i.e., Puran Singh had field. That correction purports to have been made on 14.8.1977. The correctness is attested by Harbans Lal petitioner. On 16.8.1974 PW2 S.K. Salwan, then Registrar of Co-operative Society, recommended that demand form in the following terms :-
"Recommendation of the Inspector is accepted."
4. On the basis of this demand from first authority letter Exhibit P.24 for Rs. 30,800/- (also referred in the evidence as advice) was got issued from the Bank. It was signed by Avtar Singh and Kashmir Singh. On the basis of this authority letter, Gurbachan SIngh petitioner lifted fertilizer worth Rs. 30,800/- vide form F.F. VII (Exhibit P.26) from Dharwal Zimidara Co-operative Marketing Society from Dhariwal on 17.8.1974. Pawan Kumar was in those days working as Manager of the Dhariwal Society while Malkiat Singh was its salesman.
5. All the petitioners connived with each other. Later on, on its basis of the same demand from, the above members of the Managing Committee of the Society obtained other letter of authority Exhibit P.25 from the Bank for Rs. 29,200/-. It was also signed by Kashmira Singh and Avtar Singh in their official capacity. On the basis of that authority, Gurbachan Singh petitioner lifted fertilizer worth Rs. 29,200/- vide form F.F. 7 (Exhibit P.27) on 21.8.19971 from the Dhariwal Society. When this fraud came to the notice of S.K. Salwan, P.W.2, he made the complaint Exhibit to the Senior Superintendent of Police, Gurdaspur on its basis formal First Information Report, Exhibit PA/1 was recorded in police station, Dhariwal, District Gurdaspur. In the complaint, many persons including the petitioners, were alleged to have been involved in this fraud. During the investigation, it was further found that Tara Singh PW.7, Piara PW8, Kartar Singh PW9, Khazan Singh, PW.14, and Piara Singh PW18 have not signed or thumb marked the demand form Exhibit PB. After completion of the investigation, the above petitioners along with Surat Singh were charged-sheeted. Pawan Kumar, Manager of the Dhariwal Society had also been arrested during investigation but late
