SURENDER KUMAR GARG versus STATE OF UTTAR PRADESH

Citation: [1993] 3 S.C.R. 900 · Decided: 14-05-1993 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SURENDER K~l\-IAR GARG 
v. 
STATE OF UTTAR PRADESH 
MAY 14, 1993 
[DR. A.S. ANAND AND N.P. SINGH, JJ.] 
Indian Penal Code-Sections .+19, 420, .+68 and 471-0.ffence 
11nder-Red11ction of sentence upon repayment of amount. 
The appellant was charged with cheating the U.P. Industrial Corpora-
tion of Rs. 39,352.50 by registering a take concern, and taking in its name. 
Three courts concurrent!)' found the charges against him established. 
On the question of sentence, it was contended that more than 20 )'Cars 
had elapsed; the amount im·oh·cd was not excessive and other mitigating 
circumstances were placed on the record. 
Partly allowing the appeal, this Court 
HELD : 1. The appellant had deposited Rs. 40,000/- (the loan amount) 
as directed. (901-G) 
2. In the peculiar fact'i and circumstances of the c;;ase, conviction 
maintained but sentence of imprisonment reduced to the period alread)' 
undergone, and a fine of Rs. 2,000/-, or one month R.I. in lieu thereof. 
(902-B) 
CRTh11NAL APPELLATE JURISDICTION : Criminal Appeal No. 830 ur 
1985. 
From the Judgment and Order dated 30.7.85 of the Allahabad High Court in 
Crl. Revision No. 1937 of 1983. 
M.S. Gujral. A.K. Srivastava and Serva Mitter for the Appellant. 
R.C. Vem1a and A.S. Pundit.for the Respondent. 
The Judgment of the Court was delivered by 
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S. KUMAR, .. STA TE OF lJTfAR PRADESH [N.P. SINGH. J) 
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N.P. SINGH . .J. The appellant, was convicted under Sections 120-B, 419, 
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420, 468, and 471 of the Penal Code. He was sentenced to undergo rigorous 
imprisonments for different periods under the aforesaid Sections. The appeal filed· 
on behalf of the appellant was dis.missed by the learned Additional Sessions Judge, 
Ghaziabad. The High Court, on revision application being filed on behalf of the 
appellant set-aside his conviction under Section 120-B. but the conviction and 
sentence under other Sections mentioned above passed by the Trial Court were 
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affirmed. 
According to the prosecution case, the appellant, established a firm by the 
name of Seemak Industrial Corporat)on . at Ghaziabad. The account in the bank 
was opened in the name of bne Vijai Kumar and the aforesaid Industrial 
Corporation was registered in the Sales Tax Department. The appellant applied for 
loan before the U.P. Small Industries Corporation and got a sum of Rs. 39,352.50, 
in the name of Seemak Industrial Corporation. Later it was discovered that the 
aforesaid Seemak Industrial Corporation. was a fake concern and the appellant had 
cheated, even the U.P. Small Industries Corporation, in respect of the amount 
advanced by them. The Trial Court, the Appellate Court as well as the High Court 
have gone into details of the materials on record for purpose of holding that the 
charges framed against the appellant had been established and as such there was 
no occasion to interfere with the conviction and sentence passed against him. 
So far the present appeal is concerned, leave was granted as early as in the 
year 1985 by this Court, but it has been listed for hearing after about 8 years. The 
learned Counsel, appearing for the appellant, after some arguments on merit 
confined his submissions to the question of sentence only. He pointed out that 
offences aforesaid had been committed by the appellant, as early as in the year 
1973, more than 20 years from nl)W and as such a compassionate view should be 
taken of the whole matter especially when the amount in respect of which the 
offences are alleged to have been committed is not excessive. He pointed out that 
the appellant has remained in jail for some time, in pursuance of the order of 
conviction and sentence and as such he need not be sent to jail again. An affidavit 
detailing the mitigating circumstances has also been filed by the appellant befare 
us. Taking all facts and circumstances into consideration, by our Order dated 26th 
April, 1993 we directed the appellant to first deposit an amount of Rs. 40,000 (the 
loan amount) with the U.P. Small Industries Corporation Ltd. Pursuant to that 
Order Rs. 40.000 has been deposited with the U.P. Small Industries Corporation 
Ltd., on 4-5-1993 and original receipt granted by the Manager of the said 
Corporation was produced before us. The zerox copy of the said original receipt 
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has been kept on record and the original returned to the learned counsel for the 
appellant. An aflidavit has also been filed on behalf or the appellant stating 

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