A.N.JINDAL,J - (1.) THIS judgment shall dispose of Criminal Appeal No. 420-SB of 1994 filed by the accused-appellant S.P. Malhotra and Criminal Appeal No. 437-SB of 1994 filed by the accused-appellants Parmod Kumar Jain and another, having been arisen out of the judgment dated 9.9.1994 passed by the learned Special Judge, Chandigarh, convicting the accused under Section 120-B read with Section 420 IPC, and further convicting accused S.P. Malhotra under Section 420 IPC and under Section 5(1)(d) of Prevention of Corruption Act punishable under Section 5(2) of the said Act. Consequently, they were sentenced as under :- S.P. Malhotra, Parmod Kumar and Rajinder Kumar U/s 120-B read with Section 420 IPC : To undergo rigorous imprisonment for three years and to pay fine of Rs. 5000/-. In default of payment of fine to further undergo rigorous imprisonment for six months each. S.P. Malhotra U/s 420 IPC : To undergo rigorous imprisonment for three years and to pay fine of Rs. 5000/-. In default of payment of fine to further undergo rigorous imprisonment for six months. U/s 5(1)(d) of the Act : To undergo rigorous imprisonment for three years and to pay fine of Rs. 5000/-. In default of payment of fine to further undergo rigorous imprisonment for six months.
(2.) HOWEVER , all the substantive sentences were ordered to run concurrently. The factual matrix of the case, leading to the culmination of the trial and disposal of these appeals is that, in the year 1982, accused S.P. Malhotra was working as Assistant Manager, Punjab National Bank, Palsora Branch, U.T. Chandigarh. At that time, he while exceeding his powers, purchased two local cheques of Rs. 19,950/- each on 29.7.1982 vide DD No. 759 and 760 and credited the amount in their Current Account No. 306 of Parmod Kumar Jain accused and Current Account No. 168 of Bishamber Das accused (since deceased). One cheque was issued by the accused Rajinder Kumar alias Rajinder Parshad out of his Saving Bank Account No. 21 of Punjab State Co-operative Bank Limited, Sector 22-C, Chandigarh and the other cheque was issued by accused Parmod Kumar Jain out of his Current Account No. 44 with the Central Bank of India, Sector 37-C, Chandigarh. The pay in slips presenting the said cheques for purchase were filled up in the hand writing of Parmod Kumar Jain accused. The said two cheques were little short of Rs. 20,000/- each and were otherwise within the loaning powers of the Branch Manager and further these cheques were not third party cheques as Parmod Kumar Jain accused and Bishamber Dass accused (since deceased), in whose favour these cheques were issued, were father and son. These cheques were not outstation cheques.
(3.) ACCUSED Rajinder Kumar alias Rajinder Parshad filled in two loose cheques bearing No. 743619 and 743620 (Ex. P-1 and Ex. P-2 respectively) out of the Account No. 168 of Bishamber Dass (since deceased) and Account No. 306 of Parmod Kumar Jain accused, which were signed by the Account Holders on 29.7.1982 and the payment against both these cheques was received in cash by the accused S.P. Malhotra on 30.7.1982. It has been further unfolded by the prosecution that both these cheques so purchased under DD No. 759 and 760 on 29.7.1982, remained lying with the accused S.P. Malhotra who sent the same for realization only on 9.8.1982. But, these cheques were returned unpaid on 11.8.1982 to the bank of the accused S.P. Malhotra. However, accused S.P. Malhotra, who was required to ensure the receipt back of the said documents and to reverse the entries in the book of accounts did not do so in order to conceal the fact regarding purchase of the said cheques unauthorisedly and regarding receipt of these cheques as unpaid, managed to remove the said returned cheques. These cheques could not be traced out from the record of the bank. The prosecution also came up with the story that S.P. Malhotra accused was a partner in M/s. Luxmi Flour Oils and Rice Mill along with accused Parmod Kumar Jain and his brother Satinder Kumar Jain. Which was revealed from some letters written in the hand-writing of accused S.P. Malhotra, vide which he promised to repay certain amount to the aforesaid accused.;