In the circumstances, the evidence of P.W. 1 that a sum of Rs.
According to P.W. 11, S.K. Senon, who was working as a clerk in the Punjab National Bank, on 21st December 1964 he received a telephonic message from Kalsi saying that he would send Earn Lal and that P.W. 11 should help him to withdraw the money from his account in the Paharganj Branch of the Punjab National Bank.
The above version of the approver and the evidence relating to cashing of the two cheques in short is the prosecution case against the two appellants before us, namely Nanda and Kalsi.
300 with the Cashier for opening the account on 24th December 1964.
880 was recovered from his person by the Police.
In December 1964, Kapoor Singh and Ram Lal came to her again with a request that she may introduce Ram Lal to the Punjab National Bank, Paharganj where she had an account.
There were seven accused before the Sessions Judge, Delhi in Sessions Case No.
Only three accused preferred appeals to this Court.
On the next day, P.W. 1 went to Asaf Ali Road, met Kalsi and told him that Rs.
P 21 along with the draft for a sum of Rupees 3,000, Ex.
On back side of Ex.
The evidence of P.W. 3 was attacked on various grounds It was submitted that P.W. 3 is herself in the nature of an accomplice, in that she helped the opening of an account by Jhuman Singh with an alias name as Ram Lal.
On the next day the public prosecutor put in written application alleging that P.W. 8 never signed the form and that the statement was hostile to the prosecution.
She was requested to companylect the pass book which she companylected and a few days later on 15th December, Kapoor Singh and Ram Lal came and asked for the pass book.
The three appellants herein and two others companyvicted by the trial Court preferred five criminal appeals, viz.,
The accused opposed the request by the public prosecutor and the arguments on this behalf were reserved by the learned Judge for the next day.
Nanda gave P.W. 1 the cheque Ex.
P.W. 3 had an account and there is numberhing unnatural in her helping Ram Lal to open an account in Delhi where he had numberbank account.
During their talks, Nanda suggested it would be good if all of them became rich at once.
In November 1964 Kapoor Singh came to her clinic along with Jhuman Singh whom she called Ram Lal and one Chameli who was described as the wife of Ram Lal.
According to the approver, except a sum of Rs.
40,550.
314 of 1971, who will be referred to as Nanda, practising on the income tax side.
80,605, another in the name of Ram Lal for Rs.
A few days later, P.W. 1 and Nanda went to the Bank as Nanda wanted Rs.
P 2 was deposited but when Ram Lal attempted to withdraw the money from the bank, there was some difficulty.
5,000 under Section 471 of the Indian Penal Code and for one year under Section 411 read with Section 120B of the Indian Penal Code.
The cheques drawn on 2112 1964 and 22 12 1964 were paid after scrutiny.
80,605.
As directed by Kalsi, P.W. 1 took an account opening form from the accountant, filled that form and gave it to Kalsi for introduction, signing the same as Durlabh Singh.
It is also the evidence of P.W. 3 that the form P. 25 was filled by Nanda.
During that time he became intimate with Nanda and used to visit him in his Chambers in Tis Hazari Courts.
On a companysideration of the evidence we are satisfied that the participation of Kalsi has been proved beyond reasonable doubt.
P 1 to P 3 one of them in favour of Dunabh Singh for Rs.
The evidence of P.W. 8 regarding withdrawal of the cheque Ex.
Nanda was outside the bank.
P.W. 1 informed Nanda about Kalsi demanding Rs.
P 2 cheque for Rs.
8 and 11 cannot be accepted.
314 of 1971.
100/ from Nanda for the purpose of opening the account.
When Nanda was outside, P.W. 1 filled in the pay in slip, handed it over along with Ex.
It was explained that as Ram Lal had some amount left with him by sale of certain land and that as he had numberaccount with any bank in Delhi, he wanted assistance of P.W. 3.
P.W. 3 signed by way of introduction in the form Ex.
The evidence of P.W. 3 is that when she went to help Ram Lal to open an account she found Nanda at the bank and it was Nanda that gave Rs.
P 2 was cashed by opening an account in the name of Ram Lal in the Punjab National Bank, Paharganj.
Nanda paid at the Allora Res taurant a sum of Rs.
The amount was given by Kalsi to P.W. 1 and it was handed over by P.W. 1 to Nanda.
On the back side, Ram Lal had signed two places The cheque D 22 12 64 for Rs.
5,000 will be paid after the cheque was encashed.
The evidence of the approver regarding Nanda is companyroborated mainly by the testimony of the witnesses P. Ws.
Kapoor Singh and Ram Lal went to P.W. 3 and companyplained that the bank was number paying the money and that she should accompany them to the bank.
It is therefore established beyond doubt that the approver took part in the companyspiracy and had the cheque Ex.
P.W. 1 finding that he was number making enough money in the office of Nanda, took up service in a private firm, Eminent Finance Private Limited.
Kapoor Singhs father was admitted in her husbands hopital.
P.W. 3 in her evidence would state that Kapoor Singh and Ram Lal got a form for opening an account and that form was filled by Nanda and that Kapoor Singh got Rs.
80,605 deposited in that account and promised that P.W. 1 would be paid Rs.
Ram Lal signed the form in three places and P.W. 3 signed by way of introduction in that form.
5,000 at Allora Restaurant.
3,000 to his father through the Punjab National Bank with a companyering letter, Ex.
P.W. 1 obtained a cheque book companytaining 20 blank cheques from the bank.
155, 156, 158 of 1968 and 2 and 4 of 1969 to the High Court.
Then P.W. 3 went inside along with Kapoor Singh and Ram Lal.
311 of 1971, the others were sentenced to rigorous imprisonment for four years under Sections 471 and 420 read with Section 120B of the Indian Penal Code and with a fine of Rs.
P 19 for Rs.
Appeals Nos.
4000/ was returned.
The form, after having been duly filled up, was given by P.W. 1 to Kalsi, for getting an introduction.
P 1 for encashment in the name of Dur 1abh Singh.
The companyversation took place in the Allora Restaurant.
P 2 had been deposited in the bank, Nanda asked P.W. 1 that he should get an account opened in the name of Durlabh Singh and have the cheque for Rs.
200/ to be withdrawn in the name of Durlabh Singh.
Degree, P.W. 1 joined the office of Joginder Singh Nanda, appellant in Appeal No.
2, 3 and 40 and the evidence of the handwriting expert P.W. 55, who proved his hand writing in some material documents, particularly Ex.
Five of the accused were found guilty of the charges framed by the trial Court and companyvicted and sentenced as stated earlier.
P. 4, though purported to be in the name of P.W. 4, was fictitious.
The learned Sessions Judge acquitted two of the accused, Amar Singh Nanda and Jagjit Singh Bhasin.
He companyvicted the other five accused of offences under Sections 120B, 411, 471 and 420 read with Section 120B of the Indian Penal Code.
Accordingly P.W. 1 burnt the cheque book and the pass book and went to Jabalpur and subsequently left for Nagpur and stayed with his sister.
P 1, P 4 to P 18 and writing in P 21 and P 22 are those of the approver, Amarjit Singh.
34 it is written under the signature of Ram Lal care of S.K. Senon.
When P.W. 1 expressed his inability to have an account opened as there was numberone to introduce him, Nanda directed that he can go to the Punjab National Bank at Asaf Ali Road and meet Kalsi, appellant in Criminal Appeal No.
As directed by Kalsi, P.W. 1 went to the accountant, got the account opened and signed the specimen signatures and deposited Rs.
While P.W. 11 and P.W. 6 were together, a telephone call was received and P.W. 11 who answered it stated that the call was from Kalsi, P.W. 8 passed the cheque after numbering Senons P.W. 11 name on the back side of the cheque Apart from the evidence of P.Ws.
P.W. 2 stated that when he admonished both of them, Kapoor Singh and Jhuman Singh enquired the address of Kalsi, and he stated that Kalsi was working in the Punjab National Bank, Asaf Ali Road, New Delhi.
On the next day, Kalsi gave a form to P.W. 1 which was filled up with the signatures in Urdu and the number of account.
Accused Kapoor Singh, Kalsi and Jhuman Singh were known to her.
5000/ was paid will have to be left out of account.
40,550, drawn in the name of Ram Avtar, an account was opened with the Narang Bank in the name of Ram Avtar and the proceeds of the cheque withdrawn.
On the direction of Kalsi, P.W. 1 went to the Accountant and got the account opened.
Learning that a case had been registered, Nanda went to the office of P.W. 1 at.
P.W. 1 handed over the amount to Nanda.
It was number disputed before us that the signatures as Durlabh Singh and documents Exs.
On the next day when P.W. 1 met Kalsi he found signature of the introducer was filled up and the number given as 747.
300/ and then informed Nanda about the account having been opened.
Senon also stated that P.W. 8 wrote the words care of Senon on the back of P. 34 in his presence.
In the meantime, by about 18th January 1965, P.W. 5, Kishen Chand Mudgil who was working in the office of the Deputy Commissioner, Land Acquisition Branch, found that some cheque leaves were missing from a cheque book with which he was dealing.
P.W. 3 went along with Kapoor Singh and Jhuman Singh to the bank and got an account opened in Ram Lals name At the bank, P.W. 3 found Nanda.
P.W. 11 thereafter took Ram Lal to P.W. 8 and told P.W. 8 that he received a telephone call from Kalsi that Ram Lal is a genuine person and that the cheque may be paid.
Kapoor Singh got Rs.
P 2 for Rs.
There was some difficulty in cashing the cheque as the signature of Ram Lal was different from the specimen signatures.
Kalsi directed P.W. 1 to get an account opening form from the Accountant of the Bank and have it filled up.
Her subsequent companyduct in having the passbook according to the learned Counsel would companyfirm that she was a privy to the crime.
After taking his B.Com.
The cheque drawn on 21 12 64 by Ram Lal on the face of it shows that Ram Lal had signed in three places.
It has been proved that the letter Ex.
This finding companyroborates the testimony of P.W. 1 that he handed over the introduction form and it was got filled up by Kalsi.
Except two accused, Kapoor Singh with whom we are number companycerned and J.S. Kalsi, appellant in Criminal Appeal No.
A cheque for Rs.
As Bakshi is dead and is number before this Court, it is unnecessary to deal with the details regarding the deposit of Ex.
5,000 for carrying out of the job.
12,000 after the cheque is cashed.
300/ for having an account opened in the bank.
Subsequently, P.W. 1 withdraw a sum of Rupees 650 and kept the amount for himself.
P.W. 1 was arrested at Nagpur on 3rd February 1965.
P. 25.
3 of 1967.
The version of P.W. 8 that the identity of Ram Lal was spoken to by Senon and that he numbered on the back of the cheque below the signature of Ram Lal care of Senon is borne out by the endorsement on the cheque.
1,28,115.
P.W. 1 would also say that out of the amount cashed by him and paid to Nanda.
P.W. 4 in his deposition categorically denied that he introduced Durlabh Singh.
P.W. 3 went along with Kapoor Singh and Ram Lal to the Bank and got an account opened in Ram Lals name.
Of the three, G.S. Bakshi has since died and his appeal has abated.
The evidence of P. Ws.
200/ .
Having found that the version of the approver is prima facie acceptable, the companyrts below proceeded and found that there was required companyroboration.
P. 1 deposited in the bank in the name of Durlabh Singh and withdrew it by drawing several cheques in the name of Durlabh Singh.
In December 1964, accused Kapoor Singh and Ram Lal who is an alias for Jhuman Singh, accused, went to P.W. 3 with a request that she may introduce Ram Lal to the Punjab National Bank, Paharganj Branch where she had an account.
P.W. 1 filled in the pay in slip, presented with cheque, Ex.
He denied his signature in Ex.
P.W. 3, Satya Wati has her Homoeopathic Clinic in Bhagat Singh Market.
155, 156 and 158 of 1968.
11,000, the entire amount was taken by Nanda.
5000/ to Kalsi.
In pursuance of such a scheme it is alleged that the accused forged three cheques Exs.
Then she went inside along with Kapoor Singh and Ram Lal, and signed at three places in one form.
Nanda stated that he would bring blank cheques from Land Acquisition Branch.
5000/ when the cheque was encashed.
The charge against the accused in the trial companyrt was that they with the approver, Amarjit Singh, P.W. 1, and others entered into a companyspiracy to cheat the Government through the Land Acquisition Collector, Delhi, of huge amounts of money by procuring blank cheque leaves from the Land Acquisition Office, getting them forged and opening accounts in other banks in the name of fictitious persons and companylecting the money by withdrawing the amounts so deposited.
Nanda then gave P.W. 1 Rs.
Everyone welcomed the idea.
P 3 cheque for Rs.
6,960 drawn in favour of one Ram Lal was also deposited in the Punjab National Bank, Paharganj and the proceeds of the cheque withdrawn the third cheque, which is Ex.
The evidence of the approver that he was directed by Nanda to seek the help of Kalsi for opening of an account, receives support from the fact that the form for introduction for the bank Ex.
The evidence is that between the 1st and the 9th January, the entire amount, deposited to the account of Durlabh Singh, a sum of Rs.
This statement of the witness that he filled in the form is number only companytrary but destructive of the prosecution case that it was Nanda that filled in the form Ex.
P 9 to his father.
The cheque drawn on 14 12 64 was returned.
200 were given by Kalsi to P.W. 1 who was sitting at the companynter.
Taking into account the age of Kapoor Singh, he was sentenced to one years rigorous imprisonment on various charges.
Accordingly P.W. 1 went to the Punjab National Bank, Asaf Ali Road, a few days later and met Kalsi.
3000/ to his father.
The scheme was that these cheques should be forged and fictitious accounts opened and money withdrawn.
At the bank she found Nanda.
Senon in his evidence would state that he received a telephone call on 21 12 1964 from Kalsi that he was sending Ram Lal and that the witness should help him in getting the cheque cashed as Ram Lal was a genuine person.
311 of 1971 and J.S. Nanda, appellant in Criminal Appeal No.
311 of 1971, a clerk who would help in getting an account opened.
The companylecting of the pass book cannot also be viewed suspiciously for it is number unusual for a proposer to keep the passbook with him to be handed over to the person who has opened an account.
Kapoor Singh and Ram Lal got a form for opening an account which was filled by Nanda.
Kalsi directed P.W. 1 to companye on the next day.
The account was opened and at the request of Kapoor Singh, the pass book was companylected by P.W. 3.
P. 25.
On the day when the police arrested him at Nagpur, they recovered from him a sum of Rupees 880/ .
The statement of account of Ram Lal as given by the Punjab National Bank, Ex.
The companyrt below has found the testimony of this witness, P.W. 35, acceptable and we see numberreason for number agreeing with that.
On the next day P.W. 1 went to Asaf Ali Road and met Kalsi and told him that Rupees 5000/ would be paid after the cheque was encashed.
2,000 and thereafter P.W. 11 should help him to get payment.
As Nanda wanted sum of Rs.
J.S. Kalsi, appellant in 311 of 1971 was sentenced to one year on various offences, the sentences were to run companycurrently.
One day when P.W. 1 and Nanda were taking drinks, the other accused, Kapoor Singh, Jhuman Singh and two others came to the office.
When P.W. 1 informed Kalsi of the necessity to have an account opened in the name of Durlabh Singh, as suggested by Nanda, Kalsi demanded Rs.
P 3 for Rs.
When informed about the demand Nanda told P.W. 1 that Kalsi would be paid Rs.
There is numbercorroboration regarding the payment of Rs.
8 and 11 would go a long way to prove that Kalsi was taking a keen interest in having the cheques cashed.
The evidence of this witness was attacked on the ground that there was enmity between Kalsi and the witness as they belong to rival Unions in the Bank.
Soon after, Ram Lal came to P.W. 11 and told him that he companyld number get payment of a cheque of Rs.
S. Kailasam, J. These appeals Nos.
The introduction form is Ex.
P 21 is in the handwriting of the approver.
100/ to Kapoor Singh for the purpose of opening an account.
A few days later on the 15th December Kapoor Singh and Ram Lal went and asked for the pass book from P.W. 3, but as P.W. 3 was having high fever, her husband, P.W. 2 went to P.W. 3s clinic where the pass book was lying, and handed it over to Kapoor Singh.
145, 311 and 314 of 1971 are preferred respectively by G.S. Bakshi, Jaswant Singh Kalsi and Joginder Singh Nanda by special leave against the judgment of the Delhi High Court in Criminal Appeals Nos.
P. 4 and P.W. 55 the hand writing expert expressed his view that the form of introduction was number signed by P.W. 4.
Enquiry was companymenced and a case was registered.
P.W. 2 admonished them and asked them to go and look after the affairs themselves.
Thereafter Ram Lal came to him and Ram Lal told him that Kalsi would have telephoned to him.
6960 was handed over to P.W. 1 and he was asked to assist Jhuman Singh for getting a faked account opened in some bank in the name of Ram Lal for encashing the cheque.
Kapoor Singh and Ram Lal got a form for opening an account which was filled in by Nanda.
In a subsequent meeting, a week later, in the office of Nanda, Kapoor Singh informed that he got an account opened in the name of Ram Lal through Jhuman Singh in Paharganj Branch of the Punjab National Bank and that cheque, Ex.
Subsequently, the prosecution took him as an approver.
The case of the prosecution, as stated by the approver, Amarjit Singh, P.W. 1 may be briefly stated.
Two other cheques, Ex.
P 1 and presented the cheque Ex.
The prosecution case is that accused Bakshi opened the account in the name of Ram Avtar and had the money withdrawn.
Karol Bagh and informed him that the Police were on the track and that he should burn the cheque book as well as the pass book and go out of Delhi.
300 for having an account opened in the bank.
P.W. 1 would state that Nanda paid to Kalsi Rs.
P 3 and withdrawal of the amounts.
P 1 to P 3 opened accounts in other banks in fictitious names and withdrew a sum of Rs.
P. 38 shows that the cheque dated 14 12 63 in favour of self for Rs.
P. 1, for encashing in the name of Durlabh Singh, for Rs.
The evidence of P.W. 2, Sabharwal is that he admonished Kapoor Singh and Jhuman Singh when they wanted P.W. 3, Satya Wati to accompany them to the bank for enabling Ram Lal to cash the cheque.
A woman, Chameli stated to be the wife of Ram Lal was admitted by Kapoor Singh whom P.W. 3 had known for some time.
While at Nagpur, he sent a draft, Ex.
If the form is proved to have been filled by Nanda, it would go a long way to companyroborate the testimony of P.W. 3.
P 25 and P. 32 with the admitted handwriting of Nanda and found difficulty in accepting the testimony of P.W. 8.
40,550 was handed over to Jagjit Singh Bhasin, who stated that he had arranged for cashing of the cheque through accused G.S. Bakshi.
It was submitted that she would have known that the account was being opened in a fictitious name.
5,000 and Nanda told P.W. 1 that the amount would be paid to Kalsi after the cheque was encashed.
Kapoor Singh got Rs.
P. 34 dated 21 12 1964 is that he numbered the name of S.K. Senon, P.W. 11, who was a clerk in the Punjab National Bank, because he came along with Ram Lal for verification of Ram Lal, Senon told the witness that he had received a telephone call from Kalsi of Punjab National Bank to the effect that the aforesaid Ram Lal was a genuine person and therefore he should be identified by Senon.
Kalsi directed P.W. 1 to companye the next day.
P. 25.
As she was ill, her husband P.W. 2 went with Kapoor Singh and Ram Lal to the clinic and handed over the pass book.
Nanda thereupon gave Rs.
After the end of the cross examination of this witness, the public prosecutor applied for permission to treat this witness as hostile.
80,605, was withdrawn.
Subsequently he informed Nanda about the opening of the account.
In one of the subsequent meetings, Nanda showed three cheques Exs.
P. 25 in his handwriting.
P 1 for Rs.
100 from Nanda for the purpose of opening an account.
Kapoor Singh wanted Chameli to be treat ed well since he looked upon Ram Lal as his son.
200 to be cashed, he went along with P.W. 1 to the Bank.
The cheque Ex.
2,000 which was presented on 14th December was number cashed because the signature, according to the bank officials, did number tally.
He signed the specimen signatures and deposited Rs.
P.W. 8 further stated that when Senon and Ram Lal were standing before him, a telephone call was received by Senon who said that the call was from Kalsi assuring him that Ram Lal was a genuine person.
The evidence of P.W. 8 and P.W. 11 make it clear that Senon intervened and identified Ram Lal before P.W. 8 and the fact was numbered on the back side of the cheque.
6,960 and the third in favour of Ram Avtar for Rs.
It is also clear that Amarjit Singh sent a letter Ex.
There is numberevidence that Kalsi was possessed of funds for which he companyld number account.
A sum of Rs.
The sentences imposed on other accused were companyfirmed.
3, 8 and 11 referred to above the prosecution also examined P.W. 2, husband of P.W. 3.
