Read Order: Gurwinder Singh v. State Of Punjab And Another
Chandigarh, August 9, 2021: Hearing a matter on an increase in the number of bank fraud cases, the bench of Justice Arun Kumar Tyagi of the Punjab and Haryana High Court has directed the Director Generals of Police of Punjab, Haryana and Chandigarh respectively to file affidavits giving information regarding how many cases involving bank frauds are pending for investigation as on June 30, 2021 and the year-wise breakup of such cases.
The bench further asked the DGPs to submit data of the last 10 years ending June 30, 2021 stating in how many cases involving bank frauds, the accused were acquitted and in how many such cases the accused were convicted by the trial courts.
The bench also asked if there has been any study by the concerned state committees into the reasons for acquittal, in compliance with an order passed by the Supreme Court in State of Gujarat Vs. Kishanbhai, and whether any remedial measures have been suggested by the committee.
“The Director Prosecution, Punjab, Haryana and U.T., Chandigarh respectively are also directed to personally look into the matter as to whether any instructions have been issued to the Public Prosecutors for pointing out the defects in the charge-sheets at the time of filing of the same and taking appropriate remedial steps for remedying the same during trial by availing appropriate judicial remedies and whether appropriate training material has been included in their training/refresher courses and they are further directed to file their affidavits in this regard on the next date of hearing,” the bench said.
According to the bench, the High Court had observed in para No.22 of order dated 09.02.2021: “Since substantial number of such cases of Bank frauds in the States of Punjab and Haryana involve execution of mortgage deeds on the basis of forged revenue record or omission/deletion of the relevant entries regarding the earlier encumbrances, the Chief Secretaries, Punjab and Haryana and Home Secretary, U.T. Chandigarh are directed to examine the matter and issue appropriate instructions including instructions regarding production of the original record by the concerned revenue official at the time of registration of the mortgage deed and immediate sanctioning of mutation on the basis of such mortgage deeds. The requisite instructions be issued with in three months from the date of receipt of a copy of this order.”
However, the Chief Secretaries, Punjab and Haryana and Home Secretary, U.T., Chandigarh have not filed any report in compliance with the above said order, the HC noted, adding, “Learned State Counsel for Punjab and Haryana and learned Additional Public Prosecutor, U.T., Chandigarh seek time for filing of report of the Chief Secretaries, Punjab and Haryana and Home Secretary, U.T., Chandigarh, respectively.”
The bench adjourned the matter to August 12, 2021.
“Affidavits of the Director General of Police, Punjab,Haryana and U.T., Chandigarh and the Director Prosecution, Punjab, Haryana and U.T., Chandigarh respectively be also filed in the Registry before that date. A copy of this order be supplied to learned State Counsel for Punjab and Haryana and Additional Public Prosecutor for U.T. Chandigarh for ensuring requisite compliance with this order,” stated the bench.