MOHD. SALEEM KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nandit Srivastava Senior Advocate assisted by Ms. Shahla Zubair and Sri Pranjal Krishna Advocates, the learned counsel for the appellant and Sri Anurag Kumar Singh, learned counsel for the CBI.

(2.) The instant appeal has been filed under Sec. 374(2) Criminal Procedure Code, 1973 read with Sec. 27 of the Prevention of Corruption Act, 1988 against the judgment and order dtd. 7/3/2013 passed by the learned Special Judge, C.B.I., Court No. 1, Lucknow in Criminal Case No. 2 of 2008 arising out of RC No. 0062008A0016/2008 under Ss. 7 and Sec. 13 (1) (d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988, Police Station C.B.I./A.C.B., Lucknow, whereby the trial Court has convicted the appellant for the offence under Sec. 7 of the Prevention of Corruption Act, 1988 and has sentenced him to undergo rigorous imprisonment for a period of three years and to pay Rs.15,000.00 as fine. In case of failure to pay fine, the appellant would have to undergo rigorous imprisonment for an additional period of six months. The appellant has been acquitted of the offence under Sec. 13 (2) read with Sec. 13 (1) (d) of the Prevention of Corruption Act, 1988.

(3.) On 16/10/2008 Sri. Gayabudh Singh son of Sri. Surya Lal Singh gave a complaint to the Superintendent of Police, C.B.I., alleging that his father has taken a Kisan Credit Card loan of Rs.40,000.00 and after he had deposited Rs.11,000.00 towards repayment of the loan, the loan amount was waived off by the Government. The appellant, who was the Manager of Sarva U. P. Gramin Bank, had demanded Rs.3,000.00for issuing a no-dues certificate to his father. On the same date, the Superintendent of police made an endorsement that the complaint seems to be genuine and upon his order, an F.I.R. bearing RC No. 0062008A0016/2008 under Ss. 7 and Sec. 13 (1) (d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988 was registered on 16/10/2008 itself.