MEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer made in the present petition is for quashing the order dated 13.3.2010 (Annexure P-1) passed by Special Judge, SAS Nagar Mohali on the ground that this is wholly without jurisdiction.

(2.) The case was registered on 22.1.2007 under Section 7, 13(2) of the Prevention of Corruption Act, 1988 at Police Station Vigilance Bureau Phase I, SAS Nagar Mohali. As per the allegation, Ms. Preeti Bansal is running a Finance Consultancy at Sector 22-B Chandigarh for the last 6 years. On 03.06.2006, Kirpal Singh son of Hazura Singh of village Malakpur came to their office and took loan of Rs. 12.00 lacs. It is stated that he was apprised of terms and conditions on which the loan could be sanctioned and these conditions were accepted by said Kirpal Singh. He deposited sum of Rs. 13,468/- as process fee. Thereafter the said Kirpal Singh did not return to take loan.

(3.) On 27.06.2006, a notice was sent to him through an Advocate that if he did not complete the formalities then this case of loan would be cancelled. Said Kirpal Singh did not respond. Then after deducting Rs. 3468/-, the cheque of Rs. 10,000/- was issued, which was encashed by Kirpal Singh on 18.7.2006.