[2025:RJ-JP:45053]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 782/2008 Satya Narayan Garg S/o Chandra Prakash, R/o 17/199, Miththa lal ka Chowk, Purani Mandi, Ajmer ----Petitioner Versus State of Rajasthan ----Respondent For Petitioner(s) : Mr. Rinesh Kumar Gupta For Respondent(s) : Mr. Jitendra Singh Rathore, A.G.A HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

10/11/2025

1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed by the accused-petitioner – Satya Narayan Garg against Judgment and Order dated 21.07.2008 passed by the Additional District & Sessions Judge (Fast Track) no. 2, Beawar, District Ajmer in Criminal Appeal No. 24/07 (24/07, 19/03 Old nos.) (Satya Narayan Garg Vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner has been dismissed, his conviction for the offence under Sections 408 & 477-A IPC as recorded by the Additional Chief Judicial, Beawar (Raj.) vide its judgment and order dated 16.09.2003 in Criminal Case No. 32/93 (State vs. Satya Narayan Garg) has been affirmed, whereas the sentence awarded to him by the trial court is modified, as mentioned below.

Sentence awarded by the trial Sentence modified by the court appellate court under Section 408 IPC- under Section 408 IPC-

to undergo 3 years S.I. with fine of to undergo 1 year S.I. with Rs. 1000/- in default of payment of fine of Rs. 1000/-, in default fine, to further undergo 6 months S.I. of payment of fine, to further undergo 6 months S.I.

under Section 477-A IPC- under Section 477-A IPC-

to undergo 3 years S.I. with fine of to undergo 1 year S.I. with Rs. 2000/- in default of payment of fine of Rs. 2000/-, in default fine, to further undergo 6 months S.I. of payment of fine, to further undergo 6 months S.I.

2. Facts of the case in short are that on 23.09.1993, complainant Suresh Vaishnav (PW 2), Branch Manager State Bank of India, Beawar submitted a written report to SHO, Police Station, Beawar City, stating that accused-petitioner was working as a Clerk in their bank from the past several years. He had worked at various counters. There was a current account no. 4/28009 in the name of Satyanarayan Garg and Mrs. Krishna Garg, through which accused-petitioner had been conducting transactions and his salary was also deposited in the said account. In the first week of April of 1993, while searching difference in the Current account no. 4, embezzlement was detected and it was found that the accused-petitioner had withdrawn Rs. 2000/- on 9.11.1992 through cheque no. 028924 and Rs. 3000/- on 12.11.1992 through cheque no. 310525 despite the fact that there was insufficient balance in the account. Since the original ledger sheet was not found in the bank, the accused-petitioner himself placed new ledger sheet on 20.11.1992. Thereafter, he withdrew Rs. 5000/- on 21.11.1992 via cheque no. 79175 but entries of the cheque were crossed out. On 16.11.1992 he added Rs. 10,000/-

towards the interest to escape the embezzlement. The accused- petitioner also withdrew Rs. 3000/- through cheque no. 791752 and Rs. 2000/- through cheque no. 79153 on 23.11.1992. The accused-petitioner was stated to have embezzled the total amount of Rs. 28,900 by tampering with the bank's accounts book and balance sheet etc. On the basis of said report, police registered case no. 192/03 for the offence under sections 467, 468, 408, 420 of IPC. During the investigation, statement of witnesses were recorded and original documents were seized, specimen signatures of the accused-petitioner were obtained. After investigation, the challan was filed against the petitioner for the offence under sections 408 & 477 IPC. The court below framed charges against the accused petitioner for the afforesaid offences,. The accused petitioner denied the charges and claimed for trial. After conclusion of trial, the trial court passed judgment and order dated 16.09.2003 convicting and