Impersonation for loan acquisition through forged documents constitutes forgery and cheating under IPC, regardless of the offender's status as a public servant.

Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the Appellant : Mr. S.K. Banyal, Advocate.

For the Respondent : Mr. Janesh Mahajan, Advocate, Special Public Prosecutor.

Rakesh Kainthla, Judge The present appeal is directed against the judgment of conviction dated 4.5.2022 and order of sentence dated 6.5.2022, passed by learned Special Judge (CBI Court), Shimla, H.P. (learned Trial Court), vide which the appellant (accused before learned Trial Court) was convicted of the commission of offences punishable under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 (PC Act) and

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

Sections 120-B , 419, 420, 471, 467 and 468 read with Section

120-B of the Indian Penal Code (IPC) and sentenced as under: -

(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present appeal are that the CBI had filed a report before the learned Trial Court asserting that the accused S.D. Bodh joined Punjab National Bank (PNB) as Clerk-cum-Cashier on 30.3.1981 at Akhara Bazar, Branch, Kullu. He remained posted as Branch Manager in PNB, Sultanpur Branch, Kullu between 20.10.2008 to 2.7.2011. He was also functioning as a Director, Rural Self Employment Training Insutitute (RSETI), PNB, Dhalpur, Kullu. Simanchal Sahu (PWo5) joined PNB as Agriculture OfÏcer on 25.8.2008 and rCemained posted as Agriculture OfÏcer (LBO), PNB, Kullu, between 11.2.2010 to 28.5.2011. PNB was issuing Kisan Credit Card (KCC) to agriculturists for cultivation, maintenance and marketing of various crops. The requirement H for the sanction of a loan under KCC is that the borrower should have the land, and he should return the amount within one year with interest. The rate of interest was 7% per annum for loans up to ₹3.00 lacs and 12.5% per annum for loans above ₹3.00 lacs. The loan was sanctioned on the basis of the land possessed by the borrower. Bank’s lien/charge is created in the revenue record. The documents of the land issued by the concerned Patwari and other documents are to be submitted for obtaining the loan. The Loan OfÏcer obtains a search report/Non- Encumbrance Certificate (NEC) from the empanelled Advocates who have to carry out proper verification before issuing the certificate. The documents of the land are sent to the Tehsildar for recording the lien of the Bank. Tehsildar forwards the documents to the Patwari, who makes an entry of the loan in the record. A Field OfÏcer/Appraising OfÏcer/Recommending OfÏcer processes the loanu application, and a Manager/Senior Manager/Chief Manaoger sanctions the loan. The Field OfÏcer has to carry ouCt the survey of the villages and submit the recommendation. It was found that 26 crop loans (KCC) of ₹1.12 crore were sanctioned to various borrowers based on fake/bogus revenue documents and non-encumbrance certificates. In one H such case, Tara Chand (present accused) impersonated himself as Jagdish Kumar and availed KCC Loan of ₹3.5 lakhs from PNB, Sultanpur Branch, based on a fake/forged Jamabandi, dated 22.4.2011, showing the ownership of 12-04-00 bigha in the name of Jagdish Kumar. A fake charge creation report, fake Voter ID Card and Ration Card were submitted with the application. Chuni Lal Sharma (PW15) was the empanelled Advocate. A Non-Encumbrance Certificate dated 23.4.2011, stated to have been issued by him, was also produced. The loan was proposed and appraised by Simanchal Sah