PUNEET JINDAL Vs. STATE (CBI)

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C is for quashing of FIR No.12 dated 29.03.2006, under Sections 420, 467, 468, 471 IPC, registered at Police Station, CBI, Chandigarh and orders dated 25.05.2011 and 17.11.2011 (Annexures P -9 and P -10), passed by the Chief Judicial Magistrate, Chandigarh.

(2.) THE allegations levelled in the FIR are that during the years 2003 -04 and 2004 -05, M/s Himalayan Advertising Agency, Chandigarh, was the sole agency for displaying advertisements on PEPSU Roadways Buses. During the period 2003 to 2005, Sh. C.S. Binji, AGM Marketing BSNL, Punjab, Chandigarh, entered into a criminal conspiracy with M/s Himalayan Advertising Agency, SCO 188 -190, 3rd Floor, Sector 34 -A, Chandigarh and some other officials of BSNL Department and prepared forged and fake documents and by using the same, cheated the BSNL to the tune of Rs.27,80,556/ - by dishonestly awarding work of display of various schemes of BSNL on the buses of PEPSU Roadways. M/s Himalayan Advertising Agency submitted a letter No.13921 dated 22.10.2003, which was purportedly issued by the Chief Auto Mobile Engineer -Technical -cum - Advise of PEPSU Road Transport Corporation, Patiala, to Sh. C.S. Binji, mentioning therein that the rates of displaying advertisement on the buses of PEPSU Roadways had been enhanced by 156%. Sh. C.S. Binji, AGM, Marketing, BSNL. Punjab, Chandigarh, dishonestly prepared two letters dated 22.10.2003. One letter bearing No. Mkt/Adv./Buses. PEPSU/03 - 04/04 dated 22.10.2003 was forwarded by him to the Chief Auto Mobile Engineer, Technical -cum -Adviser of PRTC, Patiala, to confirm the enhanced rates of displays in advertisement on the buses of PEPSU Road Transport by 56%, whereas another letter dated 22.10.2003 was intentionally kept by him in record, in which the confirmation of enhancement of rates by 156% was shown, sought from above mentioned authority of PRTC, Patiala.

(3.) LETTER bearing No. Mkt/Adv./Buses/PEPSU/03 -04 dated 22.10.2003 was received in the office of Chief Auto Mobile Engineer, PEPSU, Patiala and confirmation was sought for enhancement of advertising rates by 56% only, which was duly confirmed by the Chief Auto Mobile Engineer, Technical -cum -Adviser, PRTC, Patiala, vide letter No.14071 dated 21.10.2003 to AGM Marketing, BSNL, Chandigarh. In the original letter No. 13921 dated 22.10.2003, issued by the Chief Auto Mobile Engineer -Technical -cum -Adviser of Pepsu Road Transport Corporation, Patiala, to M/s Himalayan Advertising Agency, the enhancement of rates of displaying advertisement on PEPSU Road Transport Corporation buses was mentioned as 56%. M/s Himalayan Advertising Agency, in criminal conspiracy with Sh. C.S. Binji, the then AGM (Marketing), BSNL, Chandigarh, by making forgery in the said letter, inserted figure '1' before 56% and made it 156% to obtain 156% enhance rates, instead of 56%, on the basis of which, the said agency received the payments. Bills of the said agency were processed and recommended by Sh. C.S. Binji, AGM (Marketing) BSNL, Chandigarh. Due to the above said act of Mr. C.S. Binji and M/s Himalayan Advertising Agency and others, a loss of Rs.27,80,556/ - was caused to the BSNL.