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2012 Supreme(SC) 576

RANJANA PRAKASH DESAI, AFTAB ALAM
M. C. GUPTA – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


JUDGMENT

(Smt.) Ranjana Prakash Desai, J.-Leave granted.

2. These appeals, by special leave, are directed against the judgment and order dated 27/03/2012 delivered by the Uttarakhand High Court confirming the judgment and order of conviction and sentence dated 08/10/1999 / 25/10/1999 passed by the Special Judge, Anti Corruption, U.P. (East), Dehradun in C.B.I. Case No.3/90, whereby the Special Judge convicted the appellants, inter alia, under the provisions of the Prevention of Corruption Act, 1947 (for short, “Act of 1947”).

3. It is necessary to narrate the facts of the case. Appellant M.C. Gupta was posted as Assistant Divisional Manager, New India Assurance Company Limited (for short, “the Company”). He was authorized by the Company to operate its Account No.314 held with the Punjab National Bank, Civil Lines, Moradabad. Appellant Mohan Lal Gupta was the proprietor of M/s. Mohan Dal Mill. Account No.SSI/53 was held in the name of M/s. Mohan Dal Mill with State Bank of India, Orai, District Jalaun, Uttar Pradesh.

4. On 09/07/1988, appellant M.C. Gupta issued cheque No.QDE-800186 in the sum of Rs.1,00,200/- from the account of the Company and asked the bank to prepare a draft of





















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