JOGINDER SINGH MALIK Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 13th February 2009 passed by the learned Special Judge, CBI (PC Act), in CC No. 92/08 convicting the Appellant for the offences under Section 7 and 13 (1) (d) read with Section 13(2) of the PC Act and the Order on Sentence dated 17th February 2009 whereby, for the offence under Section 13 (2) read with 13 (1) (d), the Appellant was sentenced to three years' rigorous imprisonment ("RI") with a fine of Rs. 50,000 and, in default thereof, to undergo simple imprisonment ("SI") for a period of three months. For the offence under Section 7, an identical sentence was passed. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution is that the Appellant was a Sub- Inspector posted at Police Station ("PS") Mayapuri, New Delhi. The Complainant, Shamsher Singh (PW2), was manufacturing chokhats under the name and style of M/s. Royal Safe Works at Mayapuri, New Delhi. A cheque had been stolen from his office, and according to him, a sum of Rs. 25,000 was withdrawn by Mr. Baljeet Singh, who was working in the said firm, in connivance with Ms. Manju Sharma, who was working there as a receptionist. PW-2 lodged a complaint and consequently First Information Report ("FIR") No. 110/01 was registered at PS:Mayapuri. The Investigation Officer ("IO") of the said case was the Appellant.

(3.) A cross-case was filed by Mr. Baljeet against PW-2 under Sections 342 and 323 read with 34 of the Indian Penal Code ("IPC") and this was registered as FIR No.111/01 at PS:Mayapuri. The Appellant was not the IO in the said case.