S S BEDI Vs. STATE OF UP

JUDGEMENT

(1.) THIS appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 04.03.1986 passed by Special Judge/Additional Sessions Judge, Anti Corruption Dehradun in C.B.I case no 11 of 1983, whereby appellant S.S.Bedi and two others were convicted under section 409,120B, 471 and 461 of Indian Penal Code 1860 (for short I.P.C) and one punishable under section 5(1) ( c ) read with section 5 (2) of Prevention of Corruption Act 1947. The appellant was sentenced to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 10,000/- under section 409 of I.P.C, rigorous imprisonment for a period of one year on under section 471 read with section 465 of I.P.C., Rigorous imprisonment for a period of one year and directed to pay fine of Rs. 3,000/- under section 5 (1) ( c ) read with section 5 (2) Prevention of Corruption Act 1947. The two other accused namely M.S Rana and Dhrampal were also convicted by the same judgment. The two filed separate appeals i.e., Criminal appeal no 168 of 2001 (old no. 868 of 1986) by accused Dhrampal and criminal appeal no. 174 of 2001 (old no. 961 of 1986) by accused M.S.Rana. Earlier the said two appeals along with the present criminal appeal no . 2099 of 2001 (old no. 896 of 1986) were decided by this court vide its order dated 25.03.2008. It appears that only the present appellant S.S. Bedi challenged the order before the apex court and filed Special Leave to Appeal (criminal) no. 9266 of 2008 whereby the appeal of the present appellant S.S.Bedi was allowed and judgment and order dated 25.03.2008 passed by this court in criminal appeal no. 2099 of 2001 was set aside on the ground that the appellant had no notice of the transfer of appeal from Allahabad High Court to High Court of Uttarakhand. The apex court did not touch merits of the case and directed this court to decide criminal appeal no. 2099 of 2001 a fresh, vide its order dated 14.05.2010. In compliance of said order of the apex court, this appeal is being decided, after hearing the parties afresh.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) PW6 Ramgopal Aggarwal who is partner of M/S Aggarwal Trading Company has stated that he deposited cheque (exhibit A-43) for being accounted in the account no.32 of the firm. He has further stated as under :- ...[VERNACULAR TEXT OMMITED]...