Criminal Revision No.2142 of 2002 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Revision No.2142 of 2002
Date of Decision: April 30, 2009
Om Parkash Gaur ...........Petitioner
Versus
State of Haryana ..........Respondent
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.R.S.Sihota, Senior Advocate, with
Mr.Ashok Kumar Sharma, Advocate for the petitioner.
Mr.Sidharath Sarup, Assistant Advocate
General, Haryana
**
Sabina, J.
Petitioner was convicted under Section 409 of the Indian
Penal Code (`IPC’ for short) vide judgment dated 6.12.2000 by the Judicial
Magistrate Ist Class Faridabad. Vide order dated 8.12.2000, petitioner was
sentenced to undergo rigorous imprisonment for two years under Section
409 IPC and pay a fine of Rs.2000/-. Aggrieved by the same, petitioner
preferred an appeal and the same was dismissed by the Additional Sessions
Judge, Faridabad vide judgment dated 16.10.2002. Hence, the present
revision petition.
The brief facts of the case, as noticed by the Appellate Court
in para 2 of its judgment, are as under:-
“On 26.3.93, Om Parkash accused and who was posted as Clerk
Criminal Revision No.2142 of 2002 2with Syndicate Bank, Sikri was sent for depositing a cash amount
of Rs.1,00,000/- in Ballabgarh Branch. But neither he deposited
that amount nor reported back in the branch. On 26.3.93 at about
2.45 P.M., Om Parkash Gaur was seen going towards the
Southern side of Sikri branch alongwith a brief-case containing
Rs.1,00,000/-. At that time, he was wearing shirt and trouser. It
was reported that before depositing that amount, the Branch had
completed all the formalities. Earlier also, similar practice was
being adopted for sending cash with other officials of the bank.
On 30.3.93 when Shri Gaur did not return to the Branch then an
enquiry was made and it transpired that the amount has not been
deposited with Ballabgarh Branch. Shri J.S.Yadav, Manager also
inspected the accounts and found that from 26.3.93 to 27.3.93, the
cash amount of Rs.1,00,000/- was not deposited by Shri Om
Parkash Gaur. A brother of Mr. Gaur also informed Sikri branch
that Mr. Om Parkash Gaur was seen going towards branch on
26.3.93 and after that did not return. So, a complaint in this
regard Ex.PA was made with the police by Sh.J.S.Yadav Manager
and on the basis of which an endorsement was made and formal
FIR Ex.PW7/A was registered against the accused. Investigations
commenced. Copies of cash Scroll, attendance register, branch
adjustment register and cheque Ex.P1 to Ex.P4 respectively were
collected. Accused was arrested on 30.4.93. Statements of the
witnesses were recorded. After usual investigations, the police
found sufficient grounds to proceed against the accused and as
such a challan was filed against him in the court of Illaqa
Criminal Revision No.2142 of 2002 3Magistrate to face trial”
Learned counsel for the petitioner, during the course of
arguments has not challenged the conviction of the petitioner under Section
409 IPC. Learned counsel has further submitted that out of the disputed
amount of Rs.1,00,000/- , Rs.50,000/- stood already deposited on 13.5.1993.
Petitioner was ready to deposit the remaining amount of Rs.50,000/- with
the complainant-Bank. Petitioner was facing criminal proceedings since the
year 1993 and his sentence qua imprisonment be reduced to already
undergone by the petitioner.
Accordingly, keeping in view the submissions made by the
learned counsel for the petitioner, it is a fit case where the sentence qua
imprisonment is liable to be reduced to already undergone by the petitioner.
Hence, the conviction of the petitioner under Sections 409
IPC is maintained and the sentence qua the imprisonment of the petitioner
is reduced to already undergone by him subject to the condition that the
petitioner shall deposit Rs.50,000/- with the complainant-Bank within six
weeks’ from today failing which the petition shall stand dismissed.
Petition stands disposed of.
(Sabina)
Judge
April 30, 2009
arya