ADESH KUMAR AMIN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mohan Yadav, holding brief of Sri S.P. Pandey, learned counsel for the appellant as well as learned A.G.A. for the State of U.P and perused the material available on record.

(2.) By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 18.01.2008 passed by Special Judge, (Anti Corruption) Meerut, in Criminal Case No.07 of 1999 State Vs. Adesh Kumar Amin, arising out of Case Crime No.187 of 1997, under Sections 7, 13 (1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988, Police Station- Lalkurti, District- Meerut, whereby the appellant has been sentenced to undergo two years rigorous imprisonment coupled with fine Rs.5,000/- under Section 7 of Prevention of Corruption Act, 1988, in default of payment of fine, he will have to undergo additional two months' simple imprisonment and two years rigorous imprisonment coupled with fine Rs.5,000/- under Section 13(1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988, in default of payment of fine, he will have to undergo additional two months' simple imprisonment. All the sentences were directed to run concurrently.

(3.) The course of the events leading to the trial of the present appellant as extracted from the record appears to be that Vinod Kumar Jain son of Peetam Singh, resident of village and post - Kurdi, Police Station Chhaprauli, District Meerut, moved a complaint Ext. Ka-8, on 07.08.1997, addressed to the Superintendent of Police, Vigilance Cell Meerut in his office that he runs flour mill in his village and he took a loan of Rs.23,400/- on 17.03.1987 from Punjab National Bank, Branch Chhaprauli, but he could not pay back the loan, therefore, the bank issued notice to him in the year 1988. In the meanwhile, he fell ill and could not pay back the loan for 6 to 7 years, in the meanwhile the aforesaid bank sent recovery citation to Tehsil Baraut concerned, District Meerut for realization of the loan amount.