DEEPALI JADHAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present criminal revision has been filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dtd. 10/3/2021 passed by learned Special Judge, Prevention of Corruption Act, 1988, whereby he has denied the protection to the present applicant under Judges Protection Act, 1884 (hereinafter referred to as the 'Act of 1884').

(2.) By the impugned order, the charges for offences under Sec. 13(1) (d) and 13(2) of Prevention of Corruption Act, 1988 and Sec. 120-B and 169 of Indian Penal Code, 1860 have been framed against the present applicant and further the applicant has also challenged the sanction order dtd. 26/12/2018 passed by the State Government.

(3.) As per prosecution story, one Nathulal S/o Rugga Ji Balai (hereinafter, the borrower) had taken a loan of Rs.4.95 lakhs for purchasing a tractor against his agricultural land at Village-Bhamora, District - Ujjain (MP) bearing survey no.216 admeasuring 5.92 hectare from Punjab National Bank, Branch Kanthal, Ujjain (hereinafter, the lending bank) in the year 2004. The said borrower was unable to repay the loan amount and hence the lending bank on account of non-payment initiated proceeding under the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987. Since the borrower was not able to comply with the demands of the lending bank, the lending bank initiated RRC proceeding and the same was forwarded to Collector, Ujjain on 11/7/2012.