IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
H.S. Madaan, J.
Anik Bansal - Appellant
Versus
State Of Haryana - Respondent
Criminal Revision No. 3335 of 2017, 3556 and 3597 of 2017
Decided On : 29-01-2018
Forgery - Criminal Conspiracy - IPC 468, 471, 506, 120-B - The judgment discusses the offenses under Sections 468 and 471 of the Indian Penal Code committed by the accused in conspiracy with each other. The court also addresses the admissibility of recovery based on disclosure statements and the use of forged signatures and stamps on Airtel prepaid enrollment forms. The judgment highlights the prosecution's burden of proving the accused's use of forged documents and the accused's criminal conspiracy.
Fact of the Case:
The case involves the misuse of a forged stamp and the issuance of Airtel sim cards using forged ID proofs. The accused were convicted for offenses under Sections 468, 471, 506, 120-B IPC based on the prosecution's evidence and witness testimonies.
Finding of the Court:
The court found the accused guilty of forging signatures and using forged documents to issue Airtel sim cards. The court upheld the judgment of conviction and order of sentence passed by the lower courts, dismissing the revision petitions filed by the accused.
Issues: The key issues revolved around the admissibility of evidence, the prosecution's burden of proof, and the accused's involvement in a criminal conspiracy to commit forgery and cheating.
Ratio Decidendi: The court emphasized the prosecution's duty to prove the accused's use of forged documents and the accused's involvement in a criminal conspiracy. The admissibility of recovery based on disclosure statements and the matching of forged signatures were crucial in establishing the guilt of the accused.
Final Decision: The court concluded that there was no merit in the revision petitions and upheld the judgment of conviction and order of sentence passed by the lower courts, thereby dismissing the accused's appeals.
JUDGMENT
H.S. Madaan, J —Vide this judgment, I propose to dispose of three criminal revisions i.e. CRR-3335-2017 filed by petitioner Anik Bansal, CRR3556-2017 filed by petitioner Vinkal Arora and CRR-3597-2017 filed by petitioner Anurag Chadda.
2. These revision petitions are directed against the judgment dated 5.9.2017 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri vide which the judgment dated 21.2.2015 passed by learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri convicting accused for offences under Sections 468, 471, 506 read with Section 120-B IPC and order dated 23.2.2015 sentencing them for those offence were upheld, whereas the appeals filed by accused-convicts were dismissed.
3. Learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri had sentenced the accused as under:
| Offence under Section | Sentence Awarded |
| Section 468 IPC. | Simple imprisonment for a period of two years and to pay a fine of Rs.2,000/- each. |
| Section 471 IPC. | Simple imprisonment for a period of six months each. |
| Section 120-B IPC | Simple imprisonment for a period of three months each. |
4. All the substantive sentences were ordered to run concurrently.
5. The accused-convicts, who are petitioners before this Court pray that the revision petitions be accepted, the impugned judgment of their conviction and order of sentence passed by Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri and judgment in appeal passed by Additional Sessions Judge, Yamuna Nagar at Jagadhri be set aside and they be acquitted of the charge framed against them.
6. Briefly stated, the facts of the case as per prosecutuion story are that criminal machinery was set into motion by complainant Ajay Kumar, who in a written complaint submitted to the police had alleged that he has been running a shop under the name and style of Jaiswal Gift Centre dealing with mobile phones and recharge coupons; that he had received a telephonic call from Gandhi Nagar, Police Station to the effect that he had issued several Airtel sim cards on forged ID proofs but he denied having done so; that subsequently it came out that Vinkal Proprietor of Sunny communication had prepared a forged stamp of shop of complainant and issued several Airtel sim cards. After registration of the formal FIR, the matter was investigated. Prima facie involvement of Vinkal Arora, Anik Bansal and Anurag Chadda in the scam was found to be there. They were arrested and later on released on bail.
7. After completion of investigation and other formalities, challan against the accused was prepared and filed in the Court of Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri.
8. On presentation of challan in the Court of Judicial Magistrate Ist Class, copies of documents relied upon in the challan were supplied to the accused free of costs as provided under Section 207 Cr.P.C.
9. Finding that charge for offences under Sections 420, 468, 471, 506, 120-B IPC was disclosed against the accused, they were charge-sheeted accordingly, to which, they pleaded not guilty and claimed trial. The case was then fixed for evidence of prosecution.
10. To bring home guilt to the accused, the prosecution examined as many as twelve witnesses i.e. PW1 Nonesh, PW2 Ajay Kumar, PW3 EASI Ragubir Singh, PW4 MASI Dharam Singh, PW5 Constable Anil Kumar, PW6 ASI Balraj Singh, PW7 HC Dal Singh, PW8 EHC Jai Pal, PW9 Dr.Kanta Malik, PW10 Sumant Aggarwal, Nodal Officer, PW11 Gajender Kumar and PW12 Vinod Kumar besides tendering some documents.
11. With that the prosecution evidence stood closed.
12. Statements of accused were recorded under Section 313 Cr.P.C., in which all the incriminating circumstances appearing against them were put to such accused but they denied the same contending that they are innocent and have been falsely involved in this case.
13. In defence evidence,
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.