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2010 Supreme(Del) 1252

SHIV NARAYAN DHINGRA
O. P. Chhabra – Appellant
Versus
State Thru CBI – Respondent


Advocates Appeared:
Mr. Ravi Bassi, Advocate for the Appellant.
Mr. Harish Gulati, Advocate & Mr. Anindya Malhotra, Advocate for the Respondent.

Shiv Narayan Dhingra, J.

This appeal has been preferred by the appellant who has been convicted by the trial Court under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short the Act) vide order dated 31st July, 2010 and sentenced to undergo imprisonment for a period of two years under each of the provisions with fine of Rs. 2500/-.

2. Brief facts relevant for the purpose of deciding this appeal are that PW-2 Shri Praveen Gupta was running an STD booth, he had deposited Rs. 5000/- with MTNL at the time of filing application. He received further demand asking him to deposit Rs. 15000/- however this demand notice was received by him after the due date mentioned in the notice for deposit of the amount. He went to the O.P.Chabra (accused/appellant) Sr. Accounts Officer on 13.10.1998 and asked him to extend the time to deposit this additional demand till after Diwali. As per the complainant PW-2, Mr. Chabra did not agree to extend the time but when he persisted Mr. Chabra told him that it would cost him Rs. 500/-. When he (complainant) stated that he could not pay the money Mr. Chabra behaved rudely with him. Complainant then talked to

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