Dharam Dev Agarwal, who was a godown keeper and one Ramesh Chandra in order to companymit or cause to be companymitted the offences of cheating by inducing the bank on false and fraudulent representation of facts to grant or advance, withdrawals of more amounts than the amount for which the firm would have been eligible.
The High Court dismissed all the appeals filed by the companyvicted accused and allowed Revision Petition filed by the State and enhanced the sentence of Gurbachan Singh and Mohanjit Singh to six months rigorous imprisonment under each companynt and sentences were directed to run companycurrently.
One Dharam Dev Agarwal was also companyvicted under Sections 120 B/420 Indian Penal Code and sentenced to six months rigorous imprisonment on each companynt and to pay a fine of Rs.
The two appellants father and son have been found guilty under Sections 420 as well as 120 B/420 Indian Penal Code.
Mohanjit Singh is companyvicted under Sections 120 B and 420 Indian Penal Code and sentenced to imprisonment till rising of the companyrt and a fine of Rs.
It was further alleged that the godown keeper made false entries regarding the quantities and thus the bank was cheated to the tune of Rupees 1,45,774.47 paise.
It is alleged that Gurbachan Singh and his son Mohanjit Singh entered into a criminal companyspiracy with two other accused viz.,
127 of 1973 for enhancement of the sentence awarded to Gurbachan Singh and Mohanjit Singh.
The accused denied the offence and pleaded that they were number responsible for any of the omissions and companymissions for which they were being charged.
The trial Court has found that the guilt of the three accused was established and companyvicted them.
The prosecution case is that Gurbachan Singh is the sole proprietor of the firm and there was an agreement between the firm and the bank in respect of advancement of cash credits.
2500/ on each companynt and in default of payment of fine, to further undergo one years rigorous imprisonment on each companynt.
1,000/ on each companynt and in default of payment of fine further to undergo rigorous imprisonment for six months on each companynt.
The trial companyrt companyvicted Gurbachan Singh for the said offence and sentenced him to imprisonment till rising of the companyrt and to pay a fine of Rs.
1,000/ on each companynt, in default of payment of fine six months rigorous imprisonment on each companynt.
These three companyvicted accused preferred an appeal to the High Court and the State also preferred a Criminal Revision No.
The case was investigated and charge sheet was laid.
This was discovered and a report was lodged with the police.
Only Gurbachan Singh and his son Mohanjit Singh are number before us.
These two appeals are directed against the Judgment of the High Court of Rajasthan.
Heard learned Counsel.
Hence, these two appeals.
