HARMESH CHANDER KAKKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal, is directed, against the judgement of conviction dated 26.11.1996, and the order of sentence dated 28.11.1996, rendered by the Court of Special Judge, Ambala, vide which, it convicted the accused, for the offence, punishable under Section 7 of the Prevention of Corruption Act, and sentenced him, to undergo rigorous imprisonment, for six months, and to pay a fine of Rs. 5000/-, and in default thereof, to further undergo rigorous imprisonment for three months.

(2.) THE gist of the prosecution case, is that, Vijay Kumar Talwar son of Siri Ram Talwar, r/o Jagadhri, was running a cloth shop. The Haryana Financial Corporation, had advertised the sale of Pamco Industries, Plot No. 21, Industrial Estate, Yamuna Nagar, and tenders, had been invited, in this regard. The complainant also filled in the tender and enclosed Rs. 25,000/-, as an earnest money. The tenders were opened, on 20.03.1990. The tender of the complainant, was for Rs. 4,50,000/-, and it being the highest, was accepted. He had deposited Rs. 87,5000/-, Rs. 1,12,500/-, and Rs. 2,25,000/-, respectively, vide different drafts, with the Haryana Financial Corporation, Chandigarh. The last draft, was deposited, on 13.07.1990. Even after deposit of the entire amount, he did not get possession of the plot. In the first instance, when he visited the office of the Haryana Financial Corporation, H.C. Kakkar, accused, who was, at the relevant time, working as Assistant General Manager, met him, and assured him, that he would get his tender accepted. Thereafter, the complainant, had met the accused, on several occasions. Even two drafts, were also, handed over to the accused. When the complainant deposited the last draft, he had shown the receipt to the accused, who got drafted an application, from the complainant, for getting the delivery of possession. The accused had assured him that he would get possession, by an early date. However, the possession, was not delivered to the complainant.

(3.) ON 01.08.1990, Vijay Kumar Talwar, complainant, handed over ten currency notes of the denomination of Rs. 500/- each, to Sh. Sham Lal Goel, the numbers whereof, were noted down, by him. Vikas Gupta son of Som Parkash Gupta, also accompanied the complainant, at that time. The currency notes, were treated with phenol-phthalein powder, and the same were returned to the complainant, by Sh. Sham Lal Goel, after putting his initials, on the same. Personal search of the complainant, was conducted, and nothing was left with him. The complainant was instructed, to hand over Rs. 5000/-, as gratification, other than legal remuneration, to the accused, on demand, and Vikas Gupta, who was appointed as shadow witness, was instructed, to give the requisite signal, to the remaining members of the raiding party, consisting of Sham Lal, Deputy Superintendent of Police (Vigilance), and other Police officials. Shri S.K. Joshi, Sub Divisional Magistrate, Panchkula, was also joined, in the raiding party. Thereafter, the raiding party, went to the house of the accused, and concealed its presence.