HAR PARSAD GAUR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28th August 2008 passed by the learned Special Judge in CC No. 40/2003 convicting the Appellant under Sections 7 and 13(1)(d) punishable under Section 13(2) of the Prevention of Corruption Act, 1988 ('PC Act') and the order on sentence dated 29th August 2008, whereby the Appellant was sentenced to undergo rigorous imprisonment (RI) for a period of two years and a fine of Rs.10,000/ - and in default to undergo RI for three months for the each of the offences under Sections 7 and 13(1)(d) of the PC Act. Both the sentences were directed to run concurrently.

(2.) PURAN Chand, the complainant was employed with M/s. Pooja Printers. He had filed a case in Labour Court against M/s. Pooja Printers for his wages. By an order dated 25th May 2001, the Labour Court directed Mr. Ashok Bansal (PW -3), proprietor of M/s. Pooja Printers, to pay Rs. 41,452/ - to Puran Chand.

(3.) ON 23rd September 2002, the complainant Puran Chand went to the Appellant and requested him to expedite the recovery proceedings. According to the Complainant, at that time, the Appellant demanded Rs. 3000/ - as bribe. Thereafter, Puran Chand met the Appellant a number of times, but on every occasion, the Appellant demanded the said bribe of Rs. 3000. On 7th December 2002, Puran Chand met the Appellant who showed him the two cheques he had received from M/s. Pooja Printers. However, the Appellant insisted on the bribe amount of Rs. 3000/ - for sending the cheques to the office of the Labour Commissioner. The Complainant requested the Appellant but the Appellant did not yield, and under duress Puran Chand paid him Rs. 3000/ -.