RAJBIR Vs. KRISHAN DUTT AND ANOTHER

JUDGEMENT

(1.) Respondent No.1 had faced trial in FIR No.23 dated 31.5.2007 under Sections 7/13 of the Prevention of Corruption Act, 1988 registered at Police Station SVB Ambala. Vide judgment dated 10.11.2009, trial Court acquitted respondent No.1 of the charges framed against him. Hence, the application under Sec. 378 (4) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) has been filed by the applicant with a prayer for grant of leave to file an appeal against the judgment dated 10.11.2009.

(2.) I have heard learned counsel for the parties and have gone through the record available on the file carefully. In the present case, prosecution story, in brief, is that applicant had worked as a contractor in the Grain Market. The contract of the applicant was valid from 1.4.2007 to 31.3.2008. Respondent No.1 was the area incharge of the Grain Market. Applicant had done the work and was to be paid Rs. 4,42,000.00. Respondent No.1 disbursed the bills to the extent of Rs. 3,51,912.00 and Rs. 90,000.00 were still due to be paid to the applicant. In this regard, respondent No.1 demanded bribe to the tune of Rs. 30,000.00. The matter was settled at Rs. 25,000.00. On the basis of the statement made by the applicant before Inspector Sher Singh, formal FIR was registered. Inspector Sher Singh organised a raid and respondent No.1 was caught red handed, while accepting bribe.

(3.) Learned trial Court, while ordering the acquittal of respondent No.1, held that the raid was organised on 31.5.2007 but on the said date, no work of the applicant was pending with respondent No.1. Hence, there was no occasion for respondent No.1 to demand illegal gratification. The applicant was well aware of the procedure qua release of payments as he was working as a transport contractor in the Grain Market for quite some time. Out of the bill amount i.e. Rs. 4,41,000.00, applicant had already received the major amount from the office of the District Food and Supplies Controller.