217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:24.03.2026 Rajiv Kumar …Petitioner Vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Mr. Sunil Chadha, Sr. Advocate with Mr. Jatinder Singh Kaliraman, Advocate for the petitioner.

Mr. Bhanu Partap Singh, Addl.A.G., Punjab.

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N.S.Shekhawat J.

1. The petitioner has filed the present revision petition against the impugned judgment dated 04.07.2011 passed by the Court of Additional Sessions Judge, Ludhiana and the impugned judgment of conviction and order of sentence dated 14.11.2008, passed by the Court of Judicial Magistrate Ist Class, Ludhiana, whereby the petitioner was ordered to be convicted for the offence punishable under Section 419 of IPC and was sentenced as under:-

Under Section 419 of IPC R.I for a period of one year and to pay a fine of Rs.200, in default of payment of fine, to further undergo RI for a period of 07 days.

2. The FIR in the present case was registered on the basis of an application moved by General Manager, Bharat Sanchar Nigam Limited, Ludhiana, on the allegations that a PCO connection was obtained by accused Rajiv Kumar vide Telephone No. 728973 installed at 8, Modi Complex, Ghas Mandi, Ludhiana. As such the accused was agent/licensee of the Department of Telecommunication, which is now Bharat Sanchar Nigam Limited and another telephone No. 710891 was availed by Rajiv Kumar in the same premises. Accused Rakesh Kumar moved two separate applications for availing two telephone connections for shop No. 36. Karta Ram Street, Modi Complex, Ghas Mandi, Ludhiana, on the name and style of M/s. Flying Courier Service of which the accused Rakesh Kumar is the proprietor. Entertaining the said applications, the Department provided two separate telephone connections vide telephone Nos. 730411 and 730428 on 19.1.2001. Both the said telephone connections were provided with STO and ISD facilities on the request of subscriber. A complaint from one Karan Saxena was received in the office of department of complainant whereby it was informed that accused Rajiv Kumar Proprietor of M/s. Raju PCO, Ghas Mandi, Chaura Bazar, Ludhiana, is misusing the telephone Nos. 730411 and 730428 and is getting frequent overseas calls made through the said telephone with intention of not paying the bills to the department. The complainant department immediately acted upon said complaint and marked an inquiry to Vigilance Cell of Department and on inquiry by the Vigilance Cell, it was reveals that shop No. 36 where the telephone Nos. 730411 and 730428 were installed, was lying vacant and no telephone apparatus was available and as such on further probing of the matter, it was found that as a matter of fact the accused Rajiv Kumar had impersonated himself as Rakesh Kumar falsely alleging himself to be the proprietor of M.s. Flying Courier Service as the hand writing and signatures appearing on all the three applications i.e. for availing telephone of PCO and for availing telephone numbers 730411 and 730428 were identical and moreover Rakesh Kumar the alleged proprietor of M/s Flying Courier Service on whose name the telephone connection No. 730428 and 730411 were availed was found missing and not occupying shop no. 36 where the said telephone connections were availed by him. More so, the accused No.3 and 4 namely B.K Gupta and R.P Singhania who had witnessed the application for availing telephone connections of Rakesh Kumar were contacted at their given addresses and they denied having signed the said application as witnesses and hence, it seems that all accused conspired together and gave their fictitious addresses and name, so as to deceive the complainant department and to embezzle the huge amount of department and resultantly they succeeded in their conspiracy as they excessively used the telephone numbers 730411 and 730428 by making overseas and other long distance calls and hence consumed calls to the tune of Rs. 31,14,137/-. All ac