1. ' The accused named above have been tried on the charge of hatching a plan to defraud the Stock Exchange Branch of U.B.L. And in pursuance of their said plan of having opened different accounts with different, banks, where cheques for large amounts drawn on their accounts with the Stock Exchange Branch (in which only a meagre amount was maintained) were deposited for collection, which cheques on being sent to the Stock Exchange Branch, (where accused Haroon was working as Machine Operator) were not posted in the account on which they were drawn but were destroyed, and on the strength of such cheques the amounts specified therein were withdrawn from the Banks where the cheques were deposited. This plan is said to have been in operation for a period of six years from 1980 upto February, 1986, during which period the Stock Exchange Branch I said to have been defrauded of a total amount of Rs,97 lacs. In respect of each such year a separate case has been instituted and separately tried. Thus, in all there are six separate cases against the persons said to have been involved in the aforesaid plan. Accused Haroon, Abdul Qader and Mohd. Munaf have been involved in all the six cases, Abdul Majid in all the cases except the cases pertaining to the years 1980 (9/A of 1985) and 1985 (9/E of 1985), Mohd.Amin in the cases pertaining to the years 1981 (9/B of 1985), 1982 (9/C of 1985 and 1983 (9 of 1985) and Abdul Qudus in the cases pertaining to the years 1983 (9 of 1985), 1984 (9/D of 1985) and 1985 (9/E of 1985). The following is the chart of the different accounts opened by the accused, the branch/bank where the account was opened, the date on which the account was opened and the names of the persons by whom the account was opened.
2. No.& Name of the A/cBank/Branch where openedDate of OpeningNames of persons Opening A/c
(1) No.2218National Medical StoreStock Exchange Br.of U.B.L.22-11-1980(i)Mohd.Munaf
(ii) AbdulKader.
3. (2)No.2448 M/s. Rehmani Commis- sion Shop.Ditto 7-4-1982(i) Abdul Majid
(ii) Mohd.Amin (iii)Mohd.
4. Haroon.
(3) No. 2261 M/s. Yousf& Nasir Co.Ditto 2-4-1981(i)Mohd.Amin
(ii) Abdul Majid.
(4) No. 123-9 Mohd.HaroonDitto 22-4-1972 Mohd.Haroon.
(5) No.129221-1 Mohd.Haroon RehmaniHabib Bank Keamari Br.12-2-1980Mohd.Haroon Rehinani.
(6) No.797 National MedicalHabib Bank Nayabad Br.23-9-1980 AbdulMajid
(7) No.564 Yousuf NaseerandCo.M. C. B.
5. Soldier Bazar Br.15-4-1981(i)Mohd.Amin
(ii) Abdul Majid.
(8) No.1118 Yousuf Medical and General StoreU.B.L.
6. Federal 'B'
7. Area, Karimabab Br.26-10-1982(i)Mohd.Haroon (ii)Abdul Qudus.
(9) No.187 Rehmani CommissionShop.Muslim Commercial Bank,Al-- Karam SquareBr.20-10-1981(i)Haroon
(ii) Abdul Majid.
8. ' Although some common points are involved in all the cases and arguments were addressed by the learned Prosecutor and the learned counsel for the accused in respect of the six cases generally as well as in respectof each individual case, separate judgments are being given in respect of each of the six cases, though for obvious reasons each Judgment will touch upon the common points in so far as they are pertinent to the case being dealt with as well as deal with the specific points peculiar to that case.
9. ' The fraud is said to have been detected on 19th February, 1985, when P.W. Arif Rashid, who was the Manager of the Stock Exchange Branch at that time, checked the balance book of the Branch with the C.D. Ledger and found that they did not tally and there was a difference in the total amount. He reported this matter to the Circle Executive through his letter, dated 18-2-1985 (Ex.3/B) which he personally took to the Circle Executive. In consequence of his report three officers of the Bank, namely Zaki Ahmed, Shamsuddin Khan was Wazarat Khan came to the Stock Exchange Branch to investigate. When Manager Arif Rashid returned to the Branch, accused Haroon is said to have voluntarily approached the Manager and made an oral as well as written confession of his guilt in the presence of the aforesaid three officers. The written confession, which is in the hand of accused Haroon' is reproduced hereunder:- {{URDU TEXT}} ' Subsequently, on 4-3-1985, accused Haroon made a detailed judicial confession before Magistrate Nazar Muhammad Baloach. The confession is reproduced in extenso in Annexure to this Judgment.
10. ' This judgment is in respect of the charges framed against the accused for the offences alleged to have committed by them during the year 1983. During this year, accused Haroon, allegedly in furtherance of the common intention of all the accused and the plan hatched by them, is said to have deposited under the 15 deposit slips, Exs.3/G to 3/G-14, in his Account No,1118 with Karimabad Branch of U.B.L., 17 cheques of the total value of Rs,17 lacs, drawn on Account No,2448 (joint account of accused Haroon, Mohammad Amin and Abdul Majid) and Account No,2218 (joint account of Mohammad Munaf and Abdul Qader), both the accounts being at the Stock Exchange Branch, where accused Haroon was employed as Machine Operator. It is the case of prosecution that though Accounts Nos.2218 and 2448, on which these 17 cheques were drawn, did not have balances to cash or honour the cheques, the amounts of the cheques, on the basis of the false supplementaries of the Stock Exchange Branch, Exs.3/I to 3/1-12, and advices prepared by accused Haroon, were credited in his Account No,1118 with the Karimabad Branch, and the amounts of cheques so credited were withdrawn by accused Haroon through the 48 cheques, Exs.8/A to 8/A-
47. These fraudulent activities continued undetected for over five years from 1980 upto 18th February, 1985, on which date they accidently came to light when the Manager of the Stock Exchange Branch, PW Arif Rashid, detected false and fictitious totalling of the current account ledger. He immediately reported the matter to the Circle Executive under his letter, Ex.3/B. On the same day, accused Haroon made the written confession, Ex.3/C, (which has been reproduced at pp.3 and 4 ante) in the presence of PWs Zaki Ahmed, 'Arif Rashid and Syed Ahsan Hussain. On that very day, Manager Arif Rashid made the detailed complaint, Ex.3/K, to the FIA. The case was investigated by FIA Inspector Shahid Hussain, who made detailed enquiries in the matter and made recoveries of various amounts totalling about 18 lacs, a car, several motor cycles and scooters as also household articles such as colour TVs., washing machines, refrigerators, etc. He also got the judicial confession of accused Haroon, Ex.14-A, recorded on 5-3-1985.
11. ' As many as 13 witnesses have been examined by the prosecution in this case. They are: (1) Zonal Chief Zaki Ahmed, in whose presence the written confession, Ex,3/C, was made; (2) Manager Arif Rashid, who detected the fraud, in whose presence the written confession, Ex.3/C, was made and who reported the matter to the FIA; (3) Abdul Razak, who has testified that accused Abdul Qudus (brother of accused Haroon) and one Sattar had taken from him on rent a shop on plot No,421/3, Karimabacl, F.B. Area, belonging to his wife, Mst. Rabia, for Mst. Abida, wife of accused Haroon, under the rent agreement, Ex.4/A, for running a medical store in the name of Yousuf Medical Store (in which name Account No,1118 with the Karimabad Branch was opened by accused Haroon and Abdul Qudus); (4) Abdul Majid, who was Manager of the Stock Exchange Branch from September, 1980 upto August 1983; (5) Syed Ahsan Hussain, who worked as Officer in the Stock Exchange Branch of UBL from 1978 upto May, 1985, and was the supervising officer of accused Haroon; (6)
12. Magistrate Shanker Lal, who recorded the 164, Cr.P.C., statement of PW Haji Ahmed; (7) Jaffer Ismail, who was the cashier at the Karimabad Branch from 1983 upto 1985 and had made payments on the cheques Exs.8/A, 8/A-1, 8/A-2, 8/A-3, 8/A-7, 8/A-10, 8/A-12, 8/A-13, 8/A-15, 8/A-16, 8/A-17, 8/A-19 to 8/A-26, 8/A-29, 8/A-30, 8/-A-32, 8/A-34, 8/A-35 and 8/A-37 to 8/A-47 (all drawn by accused Haroon and Abdul Qudus on their Account No,1118); (8) Javed Hassan, who was working as 2nd Officer in the Karimabad Branch and had attested the signatures of accused Haroon and. Abdul Qudus on the form, Ex.3/F, for opening of Account No,1118; (9) Mohammad Sirajuddin, current Deposit in charge at the Karimabad Branch, who had received and checked the deposit slips, Ex.3/G to 3/G-11, through which 12 cheques for a total amount of Rs,12i lacs were deposited for collection by accused Haroon in his Account No,1118; (10) F.I.A. Inspector Shahid Hussain, who has investigated the case; (11) Mohammad Hanif Motan, cashier at the Stock Exchange Branch, who has testified that in January 1985 he had taken a loan of Rs,50,000 from accused Haroon, which amount he had subsequently produced before Inspector Shahid Hussain; (12) Haji Ahmed, who has deposed that accused Haroon and Munaf, at different times, during a period of two months, had given him a total amount of Rs,7,50,000 for purchase of stocks of iron, and which amount he had produced before Inspector Shahid Hussain; and (13) Magistrate Nazar Mohammad, who recorded the judicial confession (Ex.14-A) of accused Haroon.
13. ' Accused Haroon, in his statement recorded under section 342, Cr.P.C. Has admitted that he was working as machine operator at the Stock Exchange Branch of. U.B.L. , that he had opened joint Account No,2448 at the Stock Exchange Branch alongwith accused Abdul Majid and Mohammad Amin and joint Account No,1118 with the Karimabad Branch of U.B.L. Alongwith his brother Abdul Qudus, that in the said Account No,1118 he had deposited various cheques under the deposit slips, Exs.3/G to 3/G-14, that these cheques were drawn on Accounts No,2448 and 2218 (which was in the' name o National Medical Store) and that he had drawn the cheques Exs.8/A to 8/A-47 on Account No,1118 and received from the bank the amounts of most of the cheques. He also admitted that he made the written confession, Exs.3/C, and the judicial confession, Ex.14/A, but asserted that at first he had refused to make any confession, but when at about 7 a.m., in the presence of the police he was threatened that otherwise his wife and children would be arrested, he made the confession Ex.3/C. As regards the judicial confession, Ex.14-A, recorded by Magistrate Nazar Mohammad, accused Haroon asserted that as he was threatened and beaten by Inspector Shahid Hussain and given a written statement in Urdu, which he was asked to make before the Magistrate, he had made the confession, Ex.14/A. Accused Haroon has also denied that he had hatched a plan to defraud the Stock Exchange Branch, that he was aware, that Accounts Nos.2218 and 2448 with the Stock Exchange Branch had insufficient funds for encashment of the cheques deposited by him under the deposit slips, Ex.3/G to 3/G-19, and that he had either prepared the supplementaries of the Stock Exchange Branch, Exs.3/I to Ex.3/1-13, or that they bear his initials. Accused Haroon has also submitted a written statement in his own hand in which he has reiterated that the two confessions were extracted from him through force and coercion, but whereas in his statement before the Court he has claimed that he had made the written confession in the presence of police, he has made no such allegation in his written statement and asserted that the said confession was in consequence of the threats and promises of re-instatement in service made to him.
14. ' The other five accused have simply denied any participation in the criminal activities for which they have been charged and expressed complete ignorance of the fraud and embezzlement committed. Both accused Abdul Majid and Mohammad Amin have admitted that they had opened Account No,2448 jointly with accused Haroon in the name of Rahmani Commission Shop, but claimed that this was done at the instance of accused Haroon who had taken their signatures on the account opening form. Accused Abdul Majid further stated that he is illiterate and that accused Haroon had obtained his signatures on some blank cheques but he is not aware on what account those cheques were drawn or for what amounts. Accused Mohammad Amin has similarly claimed that he had been made to sign blank cheques by accused Haroon.
15. 'Accused Mohammad Munaf and Abdul Qader have also admitted that they had opened Account No,2218 with the Stock Exchange Branch in the name of National Medical Store and signed the requisition slips, Exs.3/E and 3/E-1, for the cheques of the series Nos.50010476 to 50010500 and 50000501 to 50000550 but asserted that accused Haroon had made them to sign the form for the opening of the account and though they had signed the requisition slips for the cheques they did not receive the cheques which were received by accused Haroon.
16. ' Accused Abdul Qudus, who is brother of accused Haroon, has admitted that he had jointly with Haroon opened Account No,1118 with the Karimabad Branch in the name of Yousuf Medical General Store, but has asserted that he had no idea what was being deposited in or withdrawn from that account as the slip books and the cheques always remained with accused Haroon. He has, however, admitted that he had signed on the front as well as back of some of the cheques. No defence has been led by any accused.
17. ' The points which arises for determination in this case are:-
(1) Whether the accused or any of them hatched a plan to defraud the Stock Exchange Branch?
(2) Whether the accused dishonestly and with a view to defraud the Stock Exchange Branch deposited for collection, under the deposit slips, Exs.3/G to 3/G-14, 17 cheques for a total amount of Rs,17 lacs, drawn on Accounts Nos.2448 and 2218 of the Stock Exchange Branch?
(3) Whether the accused knew or had reason to believe that the said Accounts 2448 and 2218 did not have funds for the encashment of the said cheques?
(4) Whether on the amounts of the said 17 cheques being somehow credited into Account No,1118 of the accused with the Karimabad Branch without their being debited to the accounts on which they were drawn, the accused or any of them dishonestly withdrew the said amounts and misappropriated the same?
18. ' My findings on the above points and the reasons therefor are discussed hereunder.
19. ' So far as the four accused, Mohammad Amin, Muhammad Munaf, Abdul Majid and Abdul Qader are concerned, there is no evidence to indicate that they either deposited any of the 17 cheques which were deposited in Account No,1118, or that they drew any of the 48 cheques, Exs.8/A to Ex.8/A- 47, or received the amounts of these cheques. No doubt, out of the 17 bogus cheques which accused Haroon has admitted having deposited in his Account No,1118, 9 cheques were drawn on Account No,2448 (in which accused AbduL Majid and Mohammad Amin were joint account holders with accused Haroon) and the remaining 8 cheques were drawn on Account No,2218 (being joint account of accused Mohammad Munaf and Abdul Qader), but since the cheques have not been produced and are stated to have been destroyed by accused Haroon, and no one either from the Karimabad Branch or the Stock Exchange Branch has come forward and testified that any of the said cheques bore the signatures of these accused, it cannot be said with any degree of certainty by whom the said cheques were written and signed. No doubt, cheque No,50010477 for Rs,1,50,000, which was deposited in Account No,1118 of Karimabad Branch under the deposit slip, Ex.3/9-14, was from the cheque book for which accused Mohammad Munaf and Abdul Qader had signed the cheque requisition slip Ex.3/E, but that fact does not carry the case of the prosecution against these four accused any further and does not establish participation of these accused in the fraud. The signed requisition slip merely indicates that the cheque book of the series stated in the slip was issued to the account holders but does not positively establish that it was in fact delivered to the account holders. It may further be pointed out that Accounts Nos.2218 and 2448 were opened in the names of National Medical Store and Rehmani Commission Shop. Accused Haroon, in his judicial confession, Ex.14/A, has stated that he had got opened these accounts with the Stock Exchange Branch in the names of National Medical Store and Rahmani Commission Shop which he had established. It would thus appear that it was accused Haroon who was in fact controlling these two accounts though they were ostensibly opened by others, either jointly with him or otherwise. There is thus no tangible evidence to establish the guilt of these four accused or from which their participation in the fraudulent and criminal activities can be inferred or presumed without reasonable doubt.
20. ' It next falls to be considered the case of Haroon. Against him there are the following pieces of evidence:
(1) He has admitted that he had deposited in his Account No,1118 with the Karimabad Branch, the 17 cheques for a total amount of Rs,17 lacs under the deposit slips Exs.3/G to 3/G-14.
(2) He has admitted having drawn the cheques Exs.8/A to 8/A-48 on his Account No,1118 and that the amounts of most of these cheques were received by him.
(3) The 14 falsified supplementaries of the Stock Exchange Branch, the dates whrereof correspond with the dates when the 17 cheques deposited under the deposit slips Exs.3/G to 3/G-14 with the Karimabad Branch were received for clearance by the Stock Exchange Branch, are stated not only to have been prepared by accused Haroon but also bear his initials.
(4) The written confession Ex.3/C, made by accused Haroon, on 18.2.1985.
(5) Judicial confession of accused Haroon, Ex.14/A, ' On the first two points, there is not only the evidence of the two officials of the Karimabad Branch, Muhammad Sirajuddin (who has testified that as current deposit in charge, he had received and checked the deposit slips, Exs.3/G to 3/G-11, under which 12 cheques for a total amount of Rs, 12(1/2) lacs were deposited by accused Haroon) and cashier Jaffer Ismail (who has stated that he had made payments on the cheques Exs.8/A, 8/A-1, 8/A-2, 8/A-3, 8/A-7, 8/A-10, 8/A-12, 8/A-13, 8/A-15, 8/A-16, 8/A-17, 8/A-19 to 8/A-26, 8/A-29, 8/A-30, 8/A-32, 8/A-34, 8/A-35 and 8/A-37 to 8/A-47,) but there is also the admission of accused Haroon in his 342, Cr.P.C., statement that the had deposited in his account the 17 cheques in question, had drawn the cheques Exs.8/A to 8/A-47 and also received himself the amounts of most of these cheques. These 48 cheques were drawn from time to time as and when the amounts of the 17 cheques deposited in Account No, 1118 were credited in the said account. Though the amounts of these 17 cheques were credited into Account No, 1118, the said amounts were not debited to Accounts Nos. 2218-and 2448 of the Stock Exchange Branch, but the cheques were destroyed and the supplementaries and accounts of the Stock Exchange Branch falsified, as admitted by accused Haroon in his confessions, Exs.3/C and 14/A.
21. ' It has been asserted by accused Haroon in his statement under section 342, Cr.P.C., that the 17 cheques deposited by him in his Account No, 1118 were given to him by the parties and he had no knowledge that the accounts on which they were drawn had insufficient funds to encash these cheques (which were for huge amounts). It may, however, be pointed out that out of these 17 cheques as many as 8 cheques were drawn on Account No, 2448 which could only be operated by him jointly with accused Mohammad Amin and Abdul Majid. Similarly, Account No, 2218, on which the remaining 9 cheques were drawn, though ostensibly opened by accused Mohammad Munaf and Abdul Qader was in fact controlled by accused Haroon, as already indicated. Accused Haroon thus could not but have known that the balances, in these accounts, which were nominal, could not meet the demands of the 17 cheques. In fact these two accounts were opened pursuant to the plan of accused Haroon to defraud the Stock Exchange Branch.
22. ' As regards the preparation of the falsified 14 supplementaries of the Stock Exchange Branch, Exs.3/I to 3/1-13, though accused Haroon has denied having prepared the same there is ample and reliable evidence to establish that he had prepared the same. In the first place there is the admitted position that accused Haroon at the relevant time, and in fact for a considerable period before and after, was working as Machine Operator at the said Branch. Since the supplementaries have been prepared on machine, there is the initial presumption that he was the person- who had prepared the same. Next, the amounts of the supplementaries have been falsified b showing excess amounts equal to the amounts of the cheques deposited by accused Haroon in his account for clearance by the Stock Exchange Branch. Not only the total amount of the 17 cheques deposited by accused Haroon in his account (Rs,17 lacs) is the very amount by which the total amount has been shown in excess in the 14 supplementaries, Exs.3/I to 3/1-13, but in most of the cases the excess amount shown in each supplementary is the same as the amount of the cheque deposited with the Karimabad Branch on the date corresponding to the supplementary, as clearly appears from the following chart prepared by me from the record.
23. Cheque No.Amount of ChequeDeposited under deposit slipDate of depositDate and Exh.
24. No. of Supp- lementaryAmount shown in excess in sheet Supplementary 1 2 3 4 5 6 2/286529 Rs.70,000 Exh.3/G 19-01-198320-01-1983 Exh. 3/I-1 26-01-1983 Exh. 3/1-2Rs.70,000 Rs.25,000 276 Rs. one lac Exh. 3/G-1 28-03-198329-03-1983 Exh. 3/1-5Rs. one lac 2/286540 Rs. one lac Exh. 3/G-2 27-02-198328-02-1983 Exh. 3,11-4Rs. one lac 2/286566 Rs. one lac Exh. 3/G-3 26-03-198327-03-1983 Rs. one lac 91 Rs. one lac Exh. 3/G-4 21-08-198322-08-1983 Exh. 3/I-7Rs. one lac 286592 Rs. one lac Exh. 3/G-5 23-08-198324-08-1983 Exh. 3/1-8 .
25. C/12/286584Rs.one lac Exh. 3/G-6 26-04-198327-04-1983 Exh. 3/1-6Rs. one lac 286594 Rs. 1,50,000 Exh. 3/G-7 29-08-198330-08-1983 Exh. 3/9-9Rs. 3lacs 684295 286599Rs. 1,50,000 Exh. 3/G-8 25-10-198326-10-1983 Exh. 3/1-10Rs. 1,50,000 684251 Rs. 30,000 Exh. 3/G-9 05-01-198306-01-1983 Exh. 3/1Rs. 30,000 C- 06/684267Rs. 75,000 Exh. 3/G-10- 29-01-198331-01-1983 Exh. 3/I-3Rs. 75,000 684289 Rs. 1,50,000 Exh. 3/G-11 29-08-198322-08-1983 Exh. 3/1-7Rs. one lac 684297 286600Rs.75,000 Exh. 3/G-12 15-11-198316-11- 1983Exh.3/I-11Rs. 1,56,000 684300 Rs. 1,50,000 Exh. 3/G-13 22-12-198327-11-1983 Rs. 1,50,000 5001-477 Rs. 1,50,000 Exh.3/G-14 26-12-198328-12-1983 Exh. 3/1/13Rs. 1,50,000 TotalRs. 17 lacTotalRs.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 Maroon), who as officers of accused Maroon were familiar with his writing and initials, that the handwriting on the 14 supplementaries as well as the initials on the are of accused Haroon. The evidence of these two witnesses ha 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 lack of supervision. I am satisfied, on the basis of the above pieces of evidence, that it was accused Maroon who had falsified the 14 supplementaries Exs.3/I to 3/1-13.
26. 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.
27. ' The two confessions, Exs.3/C and 14/A, which accused Maroon 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 N 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.
28. ' There remains to be considered the case of accused Abdul Qudus, the brother of accused Maroon. 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 to 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.
29. 2218 and 2448) on which they were drawn, and on which account the 48 cheques, Exs.8/A to 8/A- 47, were drawn. ThisO 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 accountholders 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 has received payment of these 11 cheques, as testified by cashier Jaffer Ismail. This accused in his statement recorded under section 342, P.C.,while admitting that these cheques bear on the reverse his signatures has asserted that he had not received the amounts o these cheques. There is, however, not a particle of evidence in support of this bare assertion on the part of the accused.
30. Looking of the large number of cheques which he has signed, the number of cheques on which he has signed twice indicating receipt of payment, :he large amounts for which some of these cheques were drawn, the 'act that he was authorised to operate Account No, 1118 singly, the act 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 f 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.
31. ' 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 impose on him a fine of rupees two lacs, in default of payment of which he will undergo further R.I. For four months.
32. ' Accused Haroon has remained in custody as under trial prisoner from 18-2-1985 upto 18-7-1987. In computing the period of the substantive 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.
33. ' 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.