Partly allowed

Sat Narain Kanodia v. State of Punjab (Cbi)

Punjab & Haryana HC29 Aug 2012CRA-S/829/2002

Case brief

AI extract

What is this about?

In a criminal appeal against conviction and sentence under the IPC and Prevention of Corruption Act for cheating, the High Court upheld the conviction. Considering the appellant's age, health, lack of prior record, and full repayment of public money, the court granted probation of good conduct instead of the awarded rigorous imprisonment.

What did the court decide?

Conviction upheld; sentence of rigorous imprisonment set aside; appellant released on probation of good conduct for three years on furnishing a personal bond of `20,000/- with one surety.

Sat Narain Kanodia Vs State of Punjab (Cbi) — Corruption | Punjab & Haryana HC (2012)

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CRA-S-829-SB-02

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Appeal No.S-829-SB of 2002 Date of Decision : August 29^th , 2012

Sat Narain Kanodia

.... Appellant

Versus

State of Punjab (CBI)

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.... Respondent

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CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?

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Present Mr. Ashwani Talwar , Advocate, for the appellant.

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Mr. Sumeet Goel, Advocate, Standing Counsel for CBI.

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VIJENDER SINGH MALIK, J.

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The prosecution was launched against the appellant, Sat Narain Kanodia and two others, namely, S.S.Dhingra and G.Mani for an offence punishable under sections 120-B read with section 420 of Indian Penal Code and section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988. The trial that took place before learned Special Judge, CBI, Punjab, Patiala ended in acquittal of G.Mani. S.S.Dhingra had died during the pendency of the trial and the appellant, Sat Narain Kanodia has been held guilty vide judgment dated 11.4.2002 for an offence punishable under section 120-B read with section 420 and section 420 IPC itself. Hearing was given by learned Special Judge to

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CRA-S-829-SB-02

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the parties on quantum of sentence and the following sentence was awarded to the appellant vide order of the same date :-

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Offence	Sentence	Fine	In default
u/s 120-B	RI for 3 years	` 2000/-	RI for 3 months
read with S.420 IPC
u/s 420 IPC	RI for 3 years	` 2000/-	RI for 3 months

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Both the sentences were ordered to run concurrently.

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Dissatisfied with the aforesaid judgment of his conviction and the order on sentence, Sat Narain Kanodia, the appellant has brought this appeal.

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I have heard Shri Ashwani Talwar, learned counsel for the appellant and Sh. Sumeet Goel, learned standing counsel for C.B.I. I have gone through the record carefully.

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Learned counsel for the appellant does not challenge the judgment of conviction of the appellant passed by learned Special Judge, CBI on merits. He only prays to be heard on quantum of sentence and wants to highlight certain circumstances for seeking release of the appellant on probation of good conduct. In these circumstances, the conviction of the appellant for the offence punishable under section 120B read with section 420 and section 420 IPC recorded vide judgment dated 11.4.2002 is upheld.

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Learned counsel for the appellant has drawn my attention to Annexure P2, a writing given by Central Bank of India, Bathinda branch dated 24.4.2001 vide which it is certified that the amount due from M/s

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CRA-S-829-SB-02

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Sham Sunder Hari Ram, Bhatinda stands paid as per the compromise and the dues of the bank had been finally paid in full. It is also mentioned in this document that the properties under mortgage with the bank of the firm have been released and are free from all encumbrances.

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Learned counsel for the appellant then drew my attention to Annexure P3, a copy of order passed by Debts Recovery Tribunal, Chandigarh before whom proceedings were initiated by the bank against the firm. As per this order dated 23.5.2001, proceedings for recovery of `18,49,748/- were dismissed in view of the compromise and the title deeds were directed to be returned to the applicant. Learned counsel for the appellant has further submitted that all the dues of the bank as per these documents were paid earlier to the passing of the order dated 11.4.2002 on quantum of sentence against the appellant. According to him, learned Special Judge has noticed in the said order that there had been nothing to suggest that the public money has been repaid by the convict. According to him, this observation of learned Special Judge is factually incorrect.

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Learned counsel for the appellant has further submitted that the appellant is a person of the age of 65 years. According to him, he is suffering from heart problem and has undergone an operation of the heart. He has further submitted that the appellant is facing the agony of these proceedings for the last 16 years and is before this court with this appeal for the last 10 years. He has submitted that the bank stands compensated for the loss, if any, by repayment of all its dues. He has further submitted that there is no previous conviction to the discredit of

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CRA-S-829-SB-02

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the appellant. He has, therefore, prayed for partly accepting the appeal by releasing the appellant on probation of good conduct.

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Learned counsel representing CBI does not dispute the fact of repayment of the entire dues of the bank by the appellant. He also does not dispute that these dues were paid earlier to the passing of the order on quantum of sentence. He also does not dispute the other factual submissions made by learned counsel for the appellant. However, he submits that public money was involved and the appellant is not entitled to be released on probation of good conduct.

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The appellant is a 65 years old person and has history of heart problem. He is facing the agony of protracted proceedings for the last 16 years. The dues of the bank with interest have been fully and finally paid by the appellant. So, it cannot be said that it is a case of any loss suffered by the bank. Looking back to the facts of the case, it appears that the offence stood committed in the course of trading. The appellant is the first offender and taking into account all these factors, I find the appellant to be entitled to be released on probation of good conduct. The appeal is, therefore, partly allowed and while upholding the judgment of conviction passed by learned Special Judge, CBI Punjab, Partiala, the order on sentence is set-aside and the appellant is ordered to be released on probation of good conduct, for a period of three years, on his furnishing a personal bond in a sum of ` 20,000/with one surety in the like amount to the satisfaction of the trial court undertaking therein that during the period of probation, he shall not indulge in any criminal activity and shall maintain good behaviour and

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CRA-S-829-SB-02

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would come and receive sentence during the said period on breach of any of the conditions of the bond. The appellant is also directed to pay a sum of ` 20,000/- as costs of proceedings to the State. The requisite bonds and the cost of the proceedings be furnished before learned trial court within a period of one month from the date of supply of copy of this order failing which the appeal shall be deemed to have been dismissed.

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(VIJENDER SINGH MALIK) JUDGE

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August 29^th , 2012 som

Sat Narain Kanodia v. State of Punjab (Cbi)

Case brief

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Sat Narain Kanodia v. State of Punjab (Cbi)

Case brief

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