1987 PLP 3220 (MLD)

sheet Supplementary 1 2 3 4 5 6 2/286529 Rs.70,000 Exh.3/G 19-01-1983 20-01-1983 Exh. 3/I-1 26-01-1983 Exh. 3/1-2 Rs.70,000 Rs.25,000 276 Rs. one lac Exh. 3/G-1 28-03-1983 29-03-1983 Exh. 3/1-5 Rs. one lac 2/286540 Rs. one lac Exh. 3/G-2 27-02-1983 28-02-1983 Exh. 3,11-4 Rs. one lac 2/286566 Rs. one lac Exh. 3/G-3 26-03-1983 27-03-1983 Rs. one lac 91 Rs. one lac Exh. 3/G-4 21-08-1983 22-08-1983 Exh. 3/I-7 Rs. one lac 286592 Rs. one lac Exh. 3/G-5 23-08-1983 24-08-1983 Exh. 3/1-8 . C/12/286584 Rs.one lac Exh. 3/G-6 26-04-1983 27-04-1983 Exh. 3/1-6 Rs. one lac 286594 Rs. 1,50,000 Exh. 3/G-7 29-08-1983 30-08-1983 Exh. 3/9-9 Rs. 3lacs 684295 286599 Rs. 1,50,000 Exh. 3/G-8 25-10-1983 26-10-1983 Exh. 3/1-10 Rs. 1,50,000 684251 Rs. 30,000 Exh. 3/G-9 05-01-1983 06-01-1983 Exh. 3/1 Rs. 30,000 C-06/684267 Rs. 75,000 Exh. 3/G-10- 29-01-1983 31-01-1983 Exh. 3/I-3 Rs. 75,000 684289 Rs. 1,50,000 Exh. 3/G-11 29-08-1983 22-08-1983 Exh. 3/1-7 Rs. one lac 684297 286600 Rs.75,000 Exh. 3/G-12 15-11-1983 16-11-1983Exh.3/I-11 Rs. 1,56,000 684300 Rs. 1,50,000 Exh. 3/G-13 22-12-1983 27-11-1983 Rs. 1,50,000 5001-477 Rs. 1,50,000 Exh.3/G-14 26-12-1983 28-12-1983 Exh. 3/1/13 Rs. 1,50,000 Total Rs. 17 lac Total Rs. 17 lac Apart from the above strong circumstantial pieces of evidence there is the direct testimony of Manager Arif Rashid and Syed Ahsan Hussain (supervising officer of accused Haroon), who as officers of accused Haroon were familiar with his writing and initials, that the handwriting on the 14 supplementaries as well as the initials on them are of accused Haroon. The evidence of these two witnesses has been assailed on the ground that in fact it was they who were involved in the fraud and for this purpose they have been suspended and charge-sheeted, but there is not a particle of evidence to indicate their involvement in the fraud and moreover the charge-sheet, Ex.3/N, served upon Manager Arif Rashid clearly indicates that he was charge sheeted only for negligence in the performance of his duties and lac of supervision. I am satisfied, on the basis of the above pieces of evidence, that it was accused Haroon who had falsified the 14 supplementaries Exs.3/I to 3/I-13. He had done so in order to cover up the fraud committed by him in depositing bogus cheques drawn on accounts with the Stock Exchange Branch. The two confessions, Exs.3/C and 14/A, which accused Haroon has admitted having made but asserted that they were made in presence of police and were extracted from him under duress, are common to all the six cases in which this accused has been challaned. I have considered these two confessions in depth in my judgment, dated 18-7-1987, in case No. 9-A of 1985 pertaining to the offences committed by this accused in 1980, and have held that the confessions are voluntary, true and are corroborated in material particulars by independent and trustworthy evidence. The same grounds and reasons which I have stated in the said judgment for coming to the above conclusion have prevailed with me in this case also. It would, therefore; in my respectful view be a needless repetition to re-state those grounds and reasons. That judgment may be read and considered as a part of this judgment on this point. I may, however, point out that particularly the judicial confession, Ex. 14-A, is corroborated among other pieces of evidence by the huge recoveries of cash, car and other vehicles and household articles, such as colour television sets, washing machines, refrigerators, etc., recovered by F.I.A. Inspector Shahid Hussain. There remains to be considered the case of accused Abdul Qudus, the brother of accused Haroon. He was admittedly joint holder of Account No. 1118 with the Karimabad Branch, which was opened in the name of Yousuf Medical and General Store, and was used for deposit of the 17 bogus cheques under the deposit slips, Exs.3/G tot 3/G-14, to which account the amounts of these 17 cheques were wrongly credited though the said amounts were not debited to the accounts (Nos. 2218 and 2448) on which they were drawn, and on which account the 48 cheques, Exs.8/A to 8/A-47, were drawn. This account was materially different from the other two joint accounts. i.e. 2218 and 2448, in that whereas the opening forms of the latter two accounts specifically provided that the said accounts were to be operated jointly by the account-holders, the specimen signature card, Ex.3/F-I, of Account No. 1118 provided that any one of the account holders could operate the account. On the strength of this provision. accused Abdul Qudus has signed as many as 21 out of the 48 cheques drawn on this account during the year 1983, though it may be pointed out that out of the 21 cheques signed by accused Abdul Qudus, two cheques, Exs.8/A-14 and 8/A-15, also bear the signature of accused Haroon. The total amount for which these 21 cheques are drawn is Rs.4,52,500.32. Out of these 21 cheques as many as 11 cheques for total amount of Rs.1,96,366 bear on the reverse two signatures of accused Abdul Qudus indicating that he was the person who had received payment of these 11 cheques, as testified by cashier Jaffer Ismail. This accused in his statement recorded under section 342, Cr. P.C., while admitting that these cheques bear on the reverse his signatures has asserted that he had not received the amounts of these cheques. There is, however, not a particle of evidence in support of this bare assertion on the part of the accused. Looking to the large number of cheques which he has signed, the number of cheques on which he has signed twice indicating receipt of payment, the large amounts for which some of these cheques were drawn, the fact that he was authorised to operate Account No. 1118 singly, the fact that he was closely associated with accused Haroon, being his brother and living with him, that he was one of the two persons who had negotiated with PW Abdul Razak for taking on rent the shop for Yousuf Medical and General Store in whose name this accused jointly with his brother Haroon had opened Account No. 1118, and that, as admitted by accused Haroon in his judicial confession, the house in which the two accused are living is jointly owned by them and was constructed out of the monies that he had obtained through the deposit of fictitious cheques, all are clear pointers to the participation of accused Abdul Qudus in the criminal activities of his brother Haroon, so far as the fraud perpetrated on the Stock Exchange Branch is concerned and the wrongful gain of the monies obtained through the fraud. It must, however, be conceded that accused Abdul Qudus has played second fiddle to accused Haroon who seems to have planned the fraud and was its main executor. For the reasons stated by me above, I (i) would give the benefit of doubt to accused Mohammad Amin, Mohammad Munaf, Abdul Majeed and Abdul Qader, and would acquit them of offences of cheating and falsification of accounts, with which they have been charged; (ii) hold accused Haroon guilty of cheating and falsification of accounts (Supplementary Sheets of the Stock Exchange Branch) and accordingly convict him of offences under sections 420 and 477-A, P.P.C., and sentence him for the offence under' section 420, P.P.C., to rigorous imprisonment for six years and also impose on him a fine of rupees fifteen lacs, in default of payment of which he will undergo further R.I. for eighteen months, and further' sentence him for the offence under section 477-A, P.P.C., to rigorous imprisonment for a period of five years, and direct that the two substantive sentences of imprisonment shall run concurrently while the sentence in default of payment of fine shall run after the expiry of the substantive sentences of imprisonment; and (iii) hold accused Abdul Qudus guilty of an offence under section 420 read with section 34, P.P.C., and. Sentence him to rigorous imprisonment for a period of two and half years and also 6 impose on him a fine of rupees two lacs, in default of payment of which he will undergo further R.I. for four months. Accused Haroon has remained in custody as under trial prisoner from 18-2-1985 upto 18-7-1987. In computing the period of the substan tive sentences of imprisonment awarded to him, the above period will be excluded as provided in section 382-B, Cr.P.C. Moreover, accused Haroon has been awarded by this Court in Case No.9/A of 1985,rigorous imprisonment for six years and fine under section 420, P.P.C., and five years rigorous imprisonment under section 477-A, P.P.C. It is directed that the substantive sentence of imprisonment awarded to this accused in this case shall run concurrently with the substantive sentence of imprisonment awarded to him in Case No. 9/A of 1985. Accused Abdul Qudus has also remained as under trial prisoner from 19-2-1985 uptil today. This period shall be excluded from the period of two and half years of substantive imprisonment awarded to him, as provided in section 382-B, Cr. P.C. S.A.13/Sp.B Accused convicted.