G K GUPTA Vs. C B I

JUDGEMENT

(1.) This application for suspension of sentence has been made by the appellant. The appellant was Senior Branch Manager with Syndicate Bank. He demanded a bribe of Rs.10,000/- from complainant for granting Temporary Overdraft Facility. Complainant made a complaint to SP CBI and a raid was conducted after laying a trap and the appellant was caught with cash amount of Rs.4,000/- along with a self cheque given to him by the complainant.

(2.) It is submitted by the counsel for the appellant that the complainant has falsely implicated the appellant and the amount of Rs.10,000/- was paid by the appellant towards two unpaid installments of the current account and it was not bribe money. He stated that it is normal for a customer to walk into the cabin of Branch Manager and make payment, which Branch Manager deposits in the accounts of the customers. In this case also the amount was to be deposited in the name of the customer and it has come in evidence that two slips were also signed by the customer. Similar plea is taken about self cheque. He stated that self cheque amount was also to be deposited in the account of customer.

(3.) This plea was also raised before the Trial Court and the Trial Court had considered this plea in detail and came into the conclusion that this was false and untenable plea. It is known to everyone that if a customer has to transfer money from his one account to another account he would either fill a transfer slip or issue a cross-cheque in his own name recording his account number in which money is to be transferred. A self cheque is as good as cash and for transferring money from one account to another account, a self cheque is not required to be given to Bank Manager.