The following were the charges framed against the appellant Firstly, that you between 9th July, 1952 and 3rd September, 1952 at Delhi dishonestly or fraudulently attested the signatures of janki Pershad Bansal deceased which were forged by you on the , jack of the application for transfer of National Savings Certificates from one person to another and thereby authorised the Post Master, General Post Office.,
275/ in payment thereof, on his furnishing the necessary receipts The encashed amount was paid to the appellant.
The appeal filed to the High Court was dismissed on january 7, 1960.
Appeal by special leave from the judgment and order dated January 7, 1960, of the Punjab High Court Circuit Bench at Delhi, in Criminal Appeal No.
Hence the present appeal.
The prosecution case is that, as janki Prashad had by that time died, the appellant filled in the said form for transfer, affixed the signature purporting it to be that of his father, attested the said signature, and affixed the stamp of Ministry of Home Affairs, Government of India, beneath his own signature of attestation, and presented the said form and the certificates at the Post Office.
Though the clerk at the Post Office had some doubts as to the genuineness of the signature of Janki Pershad, on an assurance given by the appellant, he issued fresh certificates in the name of Janki Pershad on July 12, 1952.
S. R. Chari, J. B. Dadachanji, 0.
219 of 1960.
CRIMINAL APPELLATE JURISDICTION Criminal A peal No.
The appellant is an Under Secretary, number under suspension, in the Ministry of Home Affairs, Government of India, New Delhi, and is the son of janki Pershad.
Before the said security given by him was released, janki Pershad died on June 1, 1952.
He gave a letter of authority in favour of Bhawani Shankar, a daftri attached to his Office, for cashing the same.
C. Mathur and Ravinder Narain, for the appellant.
Bhawani Shankar presented the certificates at the Post Office and received Rs.
45 D of 1959.
Frank Anthony and R. N. Sachthey, for the respondent.
250/ .
Thereafter, on April 16, 1952, janki Pershad applied to the rationing authority for the release of the said security on the ground that he had transferred the companycerned ration depot in favour of his grandson who had given a fresh cash security of his own.
On February 21, 1952, Janki Pershad transferred the ration depot in favour of his grandson, S. K. Bansal, the son of the appellant.
On February 2, 1959, the Additional Sessions judge, Delhi, found him guitly under s. 467 of the Indian Penal Code and sentenced him as aforesaid.
March 21.
The judgment of the Court was delivered by SUBBA RAO.
250/ in the name of the Controller or Rationing, Delhi, and deposited the same with him as security.
J. This appeal by special leave is against the judgment and order of the High Court of Punjab, Circuit Bench, Delhi, companyfirming those of the Additional Sessions judge, Delhi, companyvicting the appellant under s. 467 of the Indian Penal Code and sentencing him to imprisonment till the rising of the Court and to a fine of Rs.
On September 3, 1952, the appellant signed the three certificates on their back as janki Pershad in token of their cancellation and placed his own attestation and stamp of his office thereon.
On July 1, 1952, the ration ing authority wrote a letter to janki Pershad, number knowing that he had died, informing him that the security deposited by him had been released and that he should get the pledged certificates transferred in his favour by filling in the prescribed form sent with that letter and presenting the same along with the certificates returned at the post office.
On September 8, 1956, the Magistrate, First Class, Delhi, framed charges against the appellant under s. 467 of the Indian Penal Code and companymitted him for trial before the Court of Sessions.
