MADAN LAL LAMBA Vs. INDERJIT MEHTA

JUDGEMENT

(1.) THIS is recommendation under Section 438, Criminal Procedure Code made by the Sessions Judge, Bhatinda in a revision petition filed by Madan Lal Lamba, Sub-Divisional Officer against Inderjit Mehta, contractor from the judgment dated february 6, 1967 given by Shri Dina Nath, Judicial Magistrate 1st Class, Bhatinda holding that sanction for prosecution of Madan Lal Lamba by a complaint filed by inderjit Mehta for offence under Section 218, Indian Penal Code was not necessary.

(2.) BRIEFLY stated, the facts are that Inderjit Mehta entered into a contract on April 25, 1964 for supply of stone ballast to the Public Works Department of the Punjab government for construction of Lassara Nala and Bhatinda-Dabwali Road.

(3.) INDERJIT Mehta supplied 1400 cubic feet of stone ballast to Madan Lal Lamba in his capacity as Sub-Divisional Officer in charge of the contract. The Sub-Divisional officer checked the material on June 3, 1964. He made an entry at page 11 in the officer's Note Book No. 35. The running bill of the amount thus due was drawn up on February 23, 1965. The payment of the amount due is said to have been postponed by the Sub-Divisional Officer on one pretext or the other. On August 31, 1965, the contractor came to know that the Sub-Divisional Officer had replaced page 11 of the Officer's Note Book by inserting in that book another leaf bearing that page number. The page replaced did not contain the entry pertaining to the supply of 1400 cubic feet of stone ballast,