KIRPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this revision is to the judgment dated 10.9.2005 passed by Sh. R.L. Ahuja, Additional Sessions Judge (Ad -hoc) Fast Track Court, Hoshiarpur vide which both the appeals preferred by accused Kirpal Singh and Harbhajan Singh against the judgement dated 18.2.2003 passed by Sh. K.S. Cheema, Sub -Divisional Judicial Magistrate, Dasuya convicting both the petitioners under Sections 467, 471 and 477 -A IPC, were dismissed.

(2.) BRIEFLY stated, Karnail Singh complainant filed complaint under Sections 177, 181, 182, 193, 196, 199, 408, 419, 467, 471, 477 -A and 34 IPC. According to the complainant, he is father of deceased Sansar Singh, who died on 29.5.1995. The complainant is a permanent resident of village Chipra, Tehsil Dasuya. Deceased Sansar Singh was a member of the Chipra Khas Agricultural Services Society. Accused Kirpal Singh was the Secretary, whereas accused Harbhajan Singh was Salesman and accused Surjit Singh was Peon of the said Society. The passbook and cheque book of Sansar Singh were in the custody of Kirpal Singh and Harbhajan Singh. They have misused the passbook and cheque book of Sansar Singh and misappropriated the funds of the Society by forging and illegally showing loan in the name of the deceased on 27.9.1990. All the accused with common intention have forged the cheque in the name of deceased Sansar Singh. Accused Harbhajan Singh has impersonated himself as Sansar Singh and accused Kirpal Singh attested the forged cheque which was presented before the Central Cooperative Bank, Hoshiarpur Branch, Garhdiwala. Thereafter, the accused Kirpal Singh and Harbhajan Singh prepared the illegal arbitration case against the deceased Sansar Singh son of the complainant. The complainant came to know when he received the summons from the Court of Assistant Registrar, Cooperative Societies, Dasuya. The loan shown in the name of the Sansar Singh on 27.9.1996 is result of fraud committed by Kirpal Singh and Harbhajan Singh.

(3.) IN preliminary evidence, the complainant has appeared as PW -1 and examined PW -2 Jagjit Singh, Clerk, office of Assistant Registrar Cooperative Societies, Dasuya.