Crl. Appeal No. 220-SB of 1993

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Crl. Appeal No. 220-SB of 1993

Date of Decision : December 24, 2008

S.P. Malhotra son of K.G. Malhotra, resident of H. No. 55, Sector 38-

A, Chandigarh.

.... Appellant.

Versus

U.T. Chandigarh

.... Respondent

CORAM:

HON'BLE MR. JUSTICE SHAM SUNDER

Present:

Mr. Dinesh Goel, Advocate

for the appellant.

Mr. Ajay Kaushik, Standing Counsel

for the C.B.I.

Mr. Rajiv Sharma, Advocate

for U.T., Chandigarh.

SHAM SUNDER, J.

This appeal is directed against the judgment

of conviction, and the order of sentence dated 20.07.1993,

rendered by the Court of Special Judge, Chandigarh, vide which

it convicted and sentenced the accused ( now appellant ), as

under:-

Crl. Appeal No. 220-SB of 1993

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The offence, for

Sentence awarded

which conviction

was recorded.

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420 IPC

RI for three years,

Fine Rs.500/-.

In default of payment of

fine, RI for six months.

467 IPC

RI for three years,

Fine Rs.500/-.

In default of payment of

fine, RI for six months.

468 read with

RI for three years,

Section 471 IPC

Fine Rs.500/-.

In default of payment of

fine, RI for six months.

5(1)(d) read with

RI for four years,

Section 5(2) Prevention

Fine Rs.1000/-.

of Corruption Act.

In default of payment of

fine, RI for six months.

The substantive sentences of the accused were

ordered to run concurrently.

2.

The Special Police Establishment Branch,

Chandigarh, registered a criminal case No. RC22/85-CHG,

under Sections 420, 467, 468, 471 IPC and 5(1)(d) read with

Section 5(2) of the Prevention of Corruption Act, 1947, against

S.P. Malhotra, accused, on the allegations, that he was posted,

in Punjab National Bank, Palsaura, as Assistant Manager, on

01.07.1981. Sandeep Bajaj, was the holder of CD Account No.

Crl. Appeal No. 220-SB of 1993

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72 in the name of M/s Bajaj Metals, 13, Industrial Area,

Chandigarh. During the course of investigation, it was revealed

that Debit Voucher dated 3.3.1981 for Rs.65022/- was prepared

and passed by the accused, under his signatures, and the same

was not signed by Sandeep Bajaj, Prop. of M/s Bajaj Metals, 13,

Industrial Area, Chandigarh. The amount of Rs.65022/- was

debited to his account, by the accused. Draft application dated

30.03.1981, was also not signed by Sandeep Bajaj, which had

been prepared, and initialled by the accused. Signatures of the

party i.e. Sandeep Bajaj, on the above debit voucher and draft

application were fictitious. It was the duty of the accused ( S.P.

Malhotra ), to verify the genuineness of signatures of Sandeep

Bajaj, on the debit voucher, but he did not do so. On the basis of

the aforesaid debit voucher, Draft No. PQV- 473236/60/81

dated 30.03.1981 for Rs.65,000/-, drawn on Chandni Chowk

Branch of Punjab National Bank, favouring M/s Y.P.

Electronics, was prepared, and signed by the accused. The draft

was also signed by M.S. Bajwa, another Officer of the Punjab

National Bank,. Palsaura, because it was beyond the powers of

the accused, and the same was signed by two authorized

officers. The draft was also entered, in the draft issue register at

Sr. No. 60/81 on 30.03.1981, by the accused, in his own hand.

The amount of the draft for Rs.65,000/- was credited to the

Crl. Appeal No. 220-SB of 1993

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account of actual payee i.e. M/s Y.P. Electronics, 326, Lajpat

Rai Market, Chandni Chowk, Delhi, on 01.04.1981 being

operated by the firm in Corporation Bank, Chandni Chowk,

Delhi. It was further alleged that, during the course of

investigation, it was revealed that Rakesh Kumar, real brother of

Sandeep Bajaj, Prop. of M/s Bajaj Metals, Chandigarh, was

married with the daughter of Amrik Lal Nanda, E-2/16, Model

Town, Delhi, and Sudhir Gulati, Partner of M/s Y.P. Electronics,

Chandni Chowk, Delhi, was married with the daugh