RAJ KUMAR JAIN Vs. STATE OF URTARANCHAL

JUDGEMENT

(1.) THE present petitions have been filed by the petitioner, who is facing the trial U/ss 409, 120-B I. P. C. read with Sec tion 13 (l) (c) (d) (ii) and Section 13 (2) of the Prevention of Corruption Act, 1988, before the Court of Additional Sessions Judge/ II Fast Track Court, Nainital.

(2.) AS both the petitions have been filed challenging the charge sheet No. 03/ 2002 and charge sheet No. 02/2002, and the facts involved in both the petitions are materially similar, therefore, both the petitions are being disposed of by this common judgment.

(3.) IT is further alleged in the first information report that on 26-10-1988 M/ s Maihar Cement vide its letter informed the department that Sri Pal, owner of M/ s Sri Trader (India), its consignee had committed fraud as he got printed let ter pad of the company, without taking the company into confidence, in collu sion with the Officers of the department used said pad in submitting quotation and the proforma bills and in receiving the advance payments. M/s Maihar Ce ment denied knowledge of any order from the department or of any transac tion. The Maihar Cement advised the department to prosecute him U/ss 420,467s471 I. P. C. IT is further alleged therein that from 1-11-1998 the agency of the said consignee agent has been cancelled by the company. IT also de clined to own any responsibility for the payment made to Sri Pal by the depart ment to make any supply of cement against such payment.