RENUKABEN RAMESHCHANDRA KAYASTH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ld. Advocate Mr.A.D.Shah for the appellant and Ld. A.P.P. Mr.Manan Mehta for the respondent State. The appellant has challenged the judgment and order dated 29th March, 1999 of his conviction u/s. 7, 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act. By such impugned judgment, the Special Judge of Ahmedabad City has awarded the sentence of Rigorous Imprisonment of Six months and to pay fine of Rs.1,000/- and default to undergo further Rigorous Imprisonment for 15 days for the offence punishable u/s.7 of the Act and Rigorous Imprisonment of one year with fine of Rs.1,000/- and in default to undergo further Rigorous Imprisonment for 15 days for the offences punishable u/s.13 (1) (d) and 13 (2) of the Act.

(2.) The sum and substance of the prosecution case is to the effect that, the complainant Navinbhai Hargovinddas Patel who was carrying on business of manufacturing of stapler pins wanted financial assistance in the form of loan facility from the Gujarat State Financial Corporation in addition to existing loan of Rs.49,000/- and working capital of Rs.8900/- for which he has applied on 28th November, 1992 and he was conveyed by the corporation that the loan of about Rs.59,000/- has been sanctioned.

(3.) Thereafter, usual story of unwillingness to pay such amount by the complainant, filing of the complaint, pre-trapped arrangement and drawing of its panchnama etc. activities had taken place. However, in all such cases, unless there is any issue during any such activities, those activities are routine and formal in nature and therefore, its discussion and reproduction are not much material. More particularly, when it is well described more than once on record in the form of pleadings as well as in the impugned judgment.