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2009 Supreme(Pat) 1456

ANJANA PRAKASH
Ghanshyam Mishra Son Of Shree Chandra Narayan Mishra – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Anjana Prakash, J.

1. The appellant has been convicted for the offence under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to rigorous imprisonment for a period of six months and one year respectively by judgment dated 31.7.2001 by the Special Judge, CBI, North Bihar, Patna, in Special Case No. 14/96/R.C. Case No. 13(A) of 1996.

2. The facts of the case are that on 15.6.1994 the complainant had given an application to the District Industry Centre, Madhubani, for loan of Rs. 80,000/- for setting up an ice factory. The District Industry Centre after having processed the application sanctioned the same and sent it to the Allahabad Bank for releasing the said loan amount. On 28.8.1995, Rs. 4,000/- i.e. 5% was paid to the complainant and the same was deposited in the bank. The bank also disbursed additionally a sum of Rs. 10,000/- for the foundation. On 20.10.1995, the quotation was filed by the complainant and thereafter on 23.12.1995, the bank passed the delivery order to the Orient Refrigeration Company. On 8.1.1996, all the articles allegedly were delivered to the complainant. The complainants grouse was that
















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