V N DEOSTHALI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 12. 11. 2009 and Order on sentence dated 18. 11. 2009, whereby the appellant was convicted under Sections 11 and Sections 13 (1) (d) read with Section 13 (2) of Prevention of Corruption act, 1988, and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- and to undergo rigorous imprisonment for six months in default under Section 11 of Prevention of corruption Act, 1988. Identical sentence was awarded to him under Section 13 (1) (d) read with Section 13 (2) of the Act. The sentences were to run concurrently.

(2.) THE case of the prosecution, in brief, is that the appellant while working as Assistant Manager, UCO Bank, Hamam Street Branch, Bombay, during the period 1990-91, was dealing with sales and purchase of securities, bonds etc. in respect of a firm M/s. Batlivala and Karani and its subsidiary/sister concern batlival and Karani Money Markets (Pvt.) Ltd. , which had a current account with the Bank. According to the prosecution, the appellant travelled from Bombay to delhi in February, 1991 to attend a marriage and the cost of the air ticket for his travel was paid by M/s. Batlivala and Karani Money Market Pvt. Ltd. , through its employee Mr. Adesh Narain, who along with another employee of his firm Umesh gupta travelled with the appellant from Bombay to Delhi on 16. 2. 1991. This is also the case of the prosecution that while in Delhi, the appellant stayed at hotel Meridian in the night intervening 19/20th February, 1991 and the boarding and lodging charges amounting to Rs. 4134. 30 for his stay in the Hotel were paid by the aforesaid firm through Mr. Adesh Narayan, who made the payment using his credit card and the later took reimbursement from the firm. This is also alleged that while returning from Delhi to Bombay, the appellant travelled by air and the expenses for the air travel were paid by batliwala and Karani/batliwala and Karani Money Market Private Limited.

(3.) SECTION 11 and Section 13 (1) (d) of Prevention of Corruption Act reads as under:-