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TMI Blog2018 (9) TMI 2124X X X X Extracts X X X X X X X X Extracts X X X X ..... that some prior transactions pertaining to bank file was pending between the parties and matter pertained to Rs. 4,850/- out of which as per the petitioner, Rs. 4,000/- was to be paid to the bank and in the transcript he has explained the total amount which was payable by the complainant. There is no specific demand for making a bona fide residence certificate, rather, petitioner had mentioned in the transcript that as the complainant and his son are residing in Agra (U.P.), a bona fide residence certificate cannot be issued. No trap proceedings were conducted in the case and the matter has remained pending with the Anti Corruption for a period of more than five years. There is no specific demand of money by petitioner and on the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t revealed. It is also contended that matter is of year 2010. charge-sheet has been filed after a lapse of more than five years. There is no iota of an evidence against the petitioner with regard to demand of dowry or with regard to pendency of work before him, hence offence under Section 7 of the Prevention of Corruption Act is not made out. 5. Counsel for the petitioner has placed reliance on N.S. Kothari Vs. State of Rajasthan , 2004 (2) Cr.L.R. (Raj.) 948. Reliance has also been placed on Dilawar Balu Kurane Vs. State of Maharashtra AIR 2002 SC 564, wherein Hon'ble Apex Court has held that at the time of framing of charge the Judge cannot act merely as post office or mouthpiece of prosecution, can discharge the accused if no g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine. 10. In the present case in hand, complainant himself when he moved to the Anti Corruption Department mentioned that petitioner had returned the form without making report. From the transcript which is available on record, it is evident that some prior transactions pertaining to bank file was pending between the parties and matter pertained to Rs. 4,850/- out of which as per the petitioner, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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