2002 P Cr (PLP)

BASHIR A. MUJAHID, J.‑‑‑ Rana Fazal Qadeer has challenged judgment, dated 30‑4‑1986 passed by Judge, Special Court (Offences in Banks) Lahore, whereby the appellant was convicted under section 467, P.P.C. and sentenced to 7 years' R.I. and a fine of Rs.60,000, in default of payment of fine to further undergo sentence for one year, and under section 409, P.P.C. sentenced to 8 years R.I. and a fine of Rs.70,000, in default of payment of fine to undergo two years' R.I. Both the sentences were ordered to run concurrently. Out of fine if recovered an amount of Rs.30,000 was ordered to be paid to United Bank Limited, Kutchery Bazar Branch, Faisalabad. The brief facts of the case are that an Inter Branch Credit Advice No.6936511, dated 1‑8‑1974 for Rs.10,000 and No.8093810, dated 16‑12‑1974 for. Rs.15,000 being proceeds of O.B.C. No.518 were received from Karachi in the U.B.L. Katchery Branch, Faisalabad and were credited into Sundry Deposits Accounts as the real beneficiaries were not traceable and subsequently total amount of Rs.25,000 were transferred to the credit of one Muhammad Siddiq through a bogus short term deposit receipt, dated 3‑1‑1976 for 7 days @ 5% per annum interest. A debit cash voucher for Rs.58.21 regarding the interest accrued was also prepared on 20‑1‑1976 and the total amount of Rs.25,000 and Rs.58.21 was withdrawn and misappropriated by the present appellant by forging signatures of Muhammad Siddiq who was posted as Clerk of Accounts in the complainant bank. The case was investigated and the appellant was found involved in the commission of crime. After recording the evidence of the prosecution the statement of the accused/appellant under section 342, Cr.P.C. was recorded. He admitted his guilt to the extent of preparing the credit vouchers in favour of Muhammad Siddiq for the respective sums but stated that he had done under the instructions of one Naveed Safdar, who was Acting Manager of the Branch, and according to the appellant, he had also verified the signatures of M. Siddiq on reverse side of S.T.D.R. Cash Debit Vouchers. The trial culminated into conviction of the appellant/accused as mentioned above. The sentence of the appellant was suspended on 27‑7‑1986 by this Court. Despite the notices issued to the appellant he has not appeared and it has been reported that he is not traceable at the given address. Learned counsel for the appellant and for the State have been heard exhaustively and the record has been perused. In the judgment delivered by this Court in Criminal Appeal No.209 of 1989, the conviction of the appellants was altered from section 409, P.P.C. to 408 P.P.C. and the sentence was reduced to the period having been already undergone by them and by application of section 397, Cr.P.C. and, the sentences were ordered to run concurrently. The sentence of fine was also reduced proportionately. The facts and circumstances of the instant appeal are almost same and the case A of the appellant is also at par with the appellants in those appeals, therefore, following the same principle we alter the conviction of the appellant awarded to the 'appellant from section 409, P.P.C. to section 408, P.P.C. and reduce the sentence to the period already undergone by him. Likewise, the sentence under section 467, P.P.C. is also reduced to the period already undergone by the appellant of the sentences had to run concurrently. The sentence of fine is also reduced to Rs.20,000 on each count in default thereof to undergo sentence of six months' R.I. on each count. The appellant will deposit the amount of fine within a period of two months, failing which he will be committed to jail by the learned Sessions Judge, Faisalabad, where he shall undergo sentence in default of payment of fine. With this observation, the appeal is disposed of. N.H.Q./F‑74/1Sentence reduced. ‑‑‑‑‑‑‑‑‑‑‑‑