VINOJ KUMAR SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Since both these revision petitions emanate out of a common order dtd. 11/1/2012, passed by learned Special Judge, Sirmour at Nahan, (Learned Trial Court) hence, the same are taken up together for consideration and disposal by way of a common judgment.

(2.) The present revision petitions are directed against the order dtd. 11/1/2012, passed by learned Special Judge, Sirmour at Nahan, Himachal Pradesh, vide which an amount of Rs.14,50,000.00 along with interest was ordered to be paid to Ashutosh Gupta (Petitioner in Cr. Revision No. 108 of 2012) (applicant before the learned Trial Court) subject to furnishing indemnity and surety bonds with an undertaking to pay the amount to the person held entitled to it by the Civil Court, High Court or Hon'ble Supreme Court and the applications filed by Vinoj Kumar Sharma and Vijay Laxmi (petitioners in Cr. Revision No. 18 of 2012) (applicants before learned Trial Court) were dismissed. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience)

(3.) Briefly stated the facts giving rise to the present revision petitions are that an F.I.R. No. 233 of 2006 dtd. 9/11/2006 was registered at Police Station Nahan against Vinoj Kumar Sharma for the commission of an offence punishable under Sec. 13(1) (e) of the Prevention of Corruption Act, 1988 (for short P.C. Act). The police investigated the matter. Vinoj Kumar issued a cheque in the name of Atin Bansal, who transferred the amount mentioned in the cheque to the account of M/s Shubham Finance and Insurance at the instance of Ashutosh Gupta. The police checked the accounts and found that no cognizable offence was committed. Accordingly, the police filed a final report seeking the cancellation of the F.I.R.