The respondent then filed an appeal before the High Court of Madhya Pradesh which allowed appeal, mainly on the ground that as the respondent was number a public servant as companytemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.
The respondent accordingly received the full amount of the T.A. Bill on April 3, 1965.
It is against this order of the High Court that the State of M.P. has filed this appeal before us after obtaining certificate of fitness from the High Court.
From the judgment and order dated the 12th April, 1973 of the Madhya Pradesh High Court in Criminal Appeal No.
Ultimately the car was brought to Bhopal on March 16, 1965 at about 2 30 P.M. On March 23, 1965 the respondent submitted his T.A. bill Ext.
The respondent appeared in person.
12/ per day for halt at Bombay.
284 of 1974.
43 of 1971.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
134 1 c of the Constitution against its judgment and order dated April 12, 1973 by which the respondent who was companyvicted by the Special Judge, Indore, under s. 220 I.P.C. and s.5 2 read with s. 5 1 d of the Prevention of Corruption Act, 1947 and sentenced to one year rigorous imprisonment on each companynt, was acquitted by the High Court.
Solicitor General of India, P. P. Rao and R. N. Sachthey, for the appellant.
P 21 showing his departure from Bombay on March 16, 1965 by car at 2 00 P.M. and arrival at Bhopal on March 17, 1965 at 6 30 P.M. and claimed daily allowance at the rate of Rs.
The Judgment of the Court was delivered by FAZAL ALI, J. This is an appeal by State of M.P. by certificate granted by the High Court of Madhya Pradesh under Art.
S. Nariman, Addl.
Mr. Rae, however, left on the morning of March 13, 1965 directing the respondent to obtain delivery of the Fiat Car on March 14, 1965 and then proceed to Indore.
Briefly put, the prosecution case against the respondent was that he was an employee in the Heavy Electricals India Ltd, Bhopal which is a Government companypany and was working at the relevant time as Personal Assistant to Shri C. Rae, Manager, Purchasing Main Stores of the Company.
Mr. Rae was allotted a new Fiat Car at Bombay on priority basis and the respondent and Mr. Rae had arrived at Bombay to take delivery of the car on March 14, 1965 and they stayed there till March 13.
The allegation against the respondent was that he had prepared a false T.A. Bill and had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act.
The learned Special Judge, Indore, accepted the prosecution case and companyvicted the respondent as indicated above.
