S.S.GREWAL, J. - (1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of the impugned First Information Report No. 344 dated 27.7.1979 under sections 420/468/470/120-B IPC and section 5(1) of the Prevention of Corruption Act, registered at Police Station, Sector 34, Chandigarh and subsequent proceedings taken thereunder.
(2.) IN brief, according to the allegations in the impugned First Information Report, quotations for the purchase of 20 weigh-bridges were obtained by Haryana Agricultural Marketing Board, (hereinafter referred to as the Board) from firm M/s Avery India Ltd., firm Bird and Company and firm M/s George Sholter. The quotation at the rate of Rs. 72,000/- to complete 20 weigh-bridges, offered by M/s Bird and Company, being the lowest, was approved by Shri Munshi Ram IAS the then Chairman of the Board. No quotation was actually obtained from Firm M/s George Sholter India Ltd. and it was disclosed that the quotation purported to have been offered by this firm did not bear the signatures of their agent Shri A.K. Rai, rather it was found to be in hand of Shri K. K. Talwar an agent of M/s Bird and Company. The present petitioner who was working as Superintending Engineer (P) of the said Board knew that the said quotation was fictitious. Firm. M/s A-One Sales Company, Sonepat had sent its quotation to the Board which was even lowest, but that quotation was allowed to disappear with dishonest intention, and in this too the present petitioner had a hand. Shri Munshi Ram, Chairman of the Board unauthorisedly arranged to get issued the cheque of advance of Rs. 2.5 lacs in the name of firm M/s Bird and Company instead of a payee account cheque by exercising undue pressure on the subordinates working under him. The same cheque was obtained by Shri J.R. Sharma an agent of firm M/s Bird and Company. The amount of the cheque was received by Shri Onkar Mal Mittal through the account of the firm New Bharat Steel Industries, Hissar in the Central Co-Operative Bank, Hissar. From the preliminary enquiries,. it was established that in pursuance of a criminal conspiracy, Shri Munshi Ram aforesaid and the present petitioner, who were the officers of the Board, and also public servants, joined hands with Shri K.K. Talwar and Shri J.R. Sareen agents of the firm M/s Bird and Company and Shri Onkar Mai Mittal, resident of Hissar and worked together with dishonest intention with the object. to commit cheating and forgery and to commit corruption through Government employees, resulting in heavy financial loss to the Board, and illegal pecuniary advantage to the accused which was caused by abusing their position as a public servant. Quotations were forged and used with dishonest intention, and, thereby the Board was cheated and the advance amount was fraudulently paid. Since the offences were committed in Sector 22 Chandigarh, a case was got registered, at Chandigarh. Only the Union Territory of Chandigarh has, cared to file, reply in this case.
(3.) THE learned counsel for the parties were heard.;