Metropolitan Magistrate Prashant Sharma let off erstwhile ward boy Sodan Singh of Charak Palika Hospital here, saying the arrangement, which complainant had entered with the accused was "illegal and was not enforceable in the eyes of law."
Singh had allegedly taken the money from one Radha Sharma (rpt Sharma) in October 2009 for managing an early date at AIIMS for her brother-in-law's surgery of spondylitis and had issued her the cheque after failing to manage the date. She had lodged the case under Negotiable Instrument Act after the cheque had bounced.
Acquitting Singh, the court said, "The complainant basically indulged in giving bribe to concerned official through accused, though not clearly mentioned in the complaint and in her evidence, but the same could be deciphered from the language used therein.
"Therefore, one can safely understand that she did not engage in a legal contract. It was for her to have explained, as to why and for what legal purpose the said amount of Rs 2 lakh was handed over by her to Singh.
"She did not explain in her evidence, much to her own disadvantage. If that be so, then the whole contract, which she entered with accused was illegal and was not enforceable in the eyes of law. Then, in such case, she could not enforce the debt or liability, alleged by her, in the form of cheques in question, against the accused as the contract from which, such debt or liability arose was not legal," the court said. (More)