LADU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The revision petition has been filed against the order dated 30.7.2010 whereby charges have been framed against the present petitioner for the offence under Sections 7, 13(1)(D)(2) of the prevention of Corruption Act.

(2.) Brief facts of the case are that the complainant Sona Ram has filed a complaint before the Anti Corruption Bureau stating therein that a loan of Rs. 1,00,000.00 was sanctioned to the complainant under Rural Residential Scheme and the loan has to be distributed in instalments from the bank through cheques and Ladu Ram, who was the Manager of the bank, has demanded bribe and he already paid Rs. 4500.00 and Ladu Ram is further demanding Rs. 2000.00 as bribe for the payment of loan instalment of Rs. 25000.00. On this complaint, F.I.R. has been registered and after investigation, charge-sheet has been filed against the present petitioner.

(3.) The main contention of the present petitioner is that money has been recovered from the present petitioner but at the time of trap, the petitioner has explained the facts that Sona Ram had given Rs. 2000.00 as the interest of the loan which was due on the loan amount. Rs. 2500.00 was given to the petitioner but he had returned Rs. 500.00 as the interest due on loan was only Rs. 2000.00 is also recovered at the time of trap and the impugned cheque of Rs. 7 25000.00 has already been handed over to the complainant on 28.3.2006 and hence the present petitioner should not be charged.