HARBANS SINGH RAI,J - (1.) THIS judgment will dispose of three appeals -Cr. A. Nos. 19-SB/1987, 36-B/1987 and 41-SB/1987, as these arise out of one and the same judgment.
(2.) SH . T.P. Jindal, appellant in Cr.A. 19-SB/1987 was the Manager of the State Bank of India, Bahalgarh Branch, from 9th October, 1974 to 9th February, 1976. Sh. M.P. Mittal, appellant in Cr. A. No. 36-SB/1987, was the Managing Director of M/s. Depro Foods Ltd., Rai District Sonepat. Sh. M.K. Saxena, Accountant of the said firm is the appellant in Cr. A. 41.SB/1987. They were tried by Sh. P.C. Nariala, Special Judge, Ambala. Vide his order dated 8th December, 1986, he convicted all the three appellants under sections 420 and 120-B, Indian Penal Code. Sh. M. P. Mittal and M.K. Saxena were further convicted under section 204 Indian Penal Code. Sh. T.P. Jindal was further convicted under section 5(2) of the Prevention of Corruption Act. For the offence under section 420 IPC, each appellant was sentenced to rigorous imprisonment for three years with a fine of Rs. 5,000/- or in default of payment of fine to further undergo rigorous imprisonment for one year. All the three were further awarded rigorous imprisonment for two years, as also a fine of Rs. 1,000/- in default of payment of which they were ordered to undergo rigorous imprisonment for one month each for the offence under section, 120-B, IPC. Sh. M.P. Mittal and M.K. Saxena were sentenced to rigorous imprisonment for six months each for the offence under, Section 204. IPC Sh. T.P. Jindal was further sentenced to a rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- or in default of payment of fine to undergo rigorous imprisonment for one year under section 5(2) of the Prevention of Corruption Act. It was directed that all the substantive sentences would run concurrently. Feeling aggrieved the accused have filed these appeals. The prosecution case is that Sh. T.P. Jindal was the Branch Manager of the State Bank of India, Bahalgarh Branch from 9-10-1974 to 9-2-1976. M/s. Depro Foods Pvt. Ltd. had credit facility arrangement to the tune of Rs. one lac with that bank. During the period from March, 1975 to September, 1975. Sh. M.P. Mittal accused submitted fourteen bills to the said bank pertaining to the supplies of certain quantities of dehydrated food to Assistant Chief Director of Purchases. Ministry of Food and Agriculture, New Delhi, alleged to be made by the firm through its representative after filling in the pay in slips mentioning therein the bill numbers and the amount of the bills. The prosecution case is that, in fact, neither any goods were supplied by the firm to the Assistant Chief Director of Purchases above mentioned nor was it received, by the Governments. It is further alleged that it was the duty of Sh. T.P. Jindal accused to that inward bills of the firm were properly entertained and the bills of the value of more that Rs. 500/- after discounting were required to be sent to the drawe direct by registered post. Sh. T.P. Jindal had also the responsibility of ascertaining that the realisation of the bills was made within stipulated period and in case the payment was not received from the drawee department, the bills had to be marked off.
(3.) THE case of the prosecution father is that Shri T.P. Jindal accused entered into a conspiracy with Shri. M.P. Mittal and Shri M.K. Saxena accused and he dishonestly entertained the abovementioned bills and allowed these to be credited in the account of the said firm although it had already exceeded the sanctioned limit of Rs. one lac. Shri T P. Jindal accused allowed the bills to be handed over to the representatives of the firm instead of sending the same direct by registered post to the Assistant Chief Director of Purchases, Ministry of Food and Agriculture Govt. of India, New Delhi. When no claim of these bills was made within the stipulated period of sixty days, Shri T.P. Jindal accused neither took any follow-up action with the Said Ministry for payment nor did he mark off these bills He also did not object to the withdrawal of the amount of the bills by Shri M. M. Mittal beyond the sanctioned limit as being enjoyed by the firm. According to the prosecution the said bills were destroyed by Shri M.P. Mittal and M.K. Saxena accused after they had it back from the Bank and the subsequently Shri M.P. Mittal withdrew the amount of these bills through various cheques and drafts under his signatures from time to time. As a result of the above conspiracy between the three accused, alleges the prosecution, the State Bank of India, Bahalgarh Branch was cheated to the tune of Rs. 11,88.745/-, as the bills were drawn on the said bank and the amount was taken from there in respect of the goods manufactured by the said firm and allegedly sent to the Assistance Chief Director of Purchases Ministry of Food and Agriculture, Government of India New Delhi, which were, in fact never sent to the said department.;