RANDHIR SINGH Vs. C.B.I.

JUDGEMENT

(1.) THE present Appeal is directed against the judgment dated 14.12.1999 whereby ld. Special Judge, CBI, Delhi, held the appellant guilty for the offences punishable under Sections 7 and 13 (2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter referred as 'the PC Act').

(2.) FURTHER challenge the order on sentence dated 17.12.1999 whereby the appellant was sentenced to undergo RI for a period of two years with fine of Rs. 5,000/ - for the offence punishable under Section 7 of the PC Act and in default of payment of fine he was further sentenced to undergo SI for a period of six months. Also challenge the order on sentence dated 17.12.1999 whereby he was sentenced to undergo RI for a period of two years with fine of Rs. 5,000/ - for the offence punishable under Section 13(2) read with Section 13(1)(d) of the PC Act and in default of payment of fine he was further sentenced to undergo SI for a period of six months.

(3.) THE case of the prosecution was that one Mr. Mahesh Sharma, complainant in the present case was facing proceedings under Sections 107 /151 Cr.P.C. in the Court of Special Executive Magistrate (East District) in the case titled as State v. Mahesh Sharma (1st Party) and Sunil Kumar (2nd Party). However, due to non -appearance in the Court non -bailable warrants were ordered to be issued against the Complainant Mahesh Sharma vide order dated 09.08.1995. On 22.08.1995, he filed an application for cancellation of NBWs issued against him. However, the concerned Magistrate did not cancel the same and rather posted it for the date already fixed on 04.09.1995.