New Delhi: A Delhi court has issued summons
against a former junior law officer of DDA, who was earlier
let off after CBI had wrongly lodged the corruption case in
Guwahati, for allegedly duping an Assam-based hotelier of Rs
14 lakh nearly 14 years ago.
"I have gone through the FIR, chargesheet, statements of
witnesses as well as other documents placed on record. On the
basis of material on record, I am satisfied that there is
enough incriminating material on the file to proceed against
accused Om Prakash Dhakolia," CBI Judge O P Saini said.
The court has sought Dhakolia`s presence before it on
October 04, the next date of hearing.
During the hearing, the CBI prosecutor said "earlier the
chargesheet was filed in Guwahati but has been returned for
want of territorial jurisdiction. The alleged criminal act was
committed within the territorial jurisdiction of this court
and as such, the chargesheet was re-filed."
The fresh chargesheet was filed in the case, lodged on
March 6, 1996, in Delhi after a special Guwahati court
discharged Dhakolia on the ground that the alleged offence was
not committed within the territorial bounds of Assam.
Dhakolia and his accomplice O K Sondhi, both hailing from
Delhi, were made accused by CBI under IPC and Prevention of
Corruption Act, dealing with cheating, posing fake documents
as genuine and resorting to corrupt practices.
Complainant Suersh Garodia, a Guwahati-based hotelier,
had alleged Dhakolia cheated him Rs 14.75 lakh on the pretext
of transferring him a flat, owned by co-accused Sondhi,
situated at Vasant Kunj here.
However, the flat was never transferred to the
complainant, the FIR said.
During the protracted legal battle, Sondhi was discharged
by the Gauhati High Court in 1998. CBI, however, did not
challenge the High Court order.
Subsequently, CBI found out that it has wrongly filed the
case in Guwahati and requested the special court there not to
proceed with the trial against Dhakolia. The plea, however,
was turned down.
The special court in Guwahati had in 2008 discharged
Dhakolia on the ground that it lacked the territorial
jurisdiction to try the case.
CBI then approached the Delhi special court with the