1 appln 988 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APP LICATION NO.988 OF 2011 The State of Maharashtra .. Applicant. -versus Chahu Balu Mhatre .. Respondent. Mrs. A. A. Mane, APP for the State. CORAM: R.C. CHAVAN, J. DATED: 26th September, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of accused No.2 Chahu Balu Mhare for offence punishable under Section 12 of the Prevention of Corruption Act, by the learned Special Judge, Thane at a trial in which he convicted accused No.1 Diksha Bharat Dhande for the offence punishable under Section 7, 13(1) (d) read with section 13(2) of the Prevention of Corruption Act. According to prosecution case, accused No.1 Diksha Dhande demanded bribe which she received through respondent Chahu Balu Mhatre known as “Mhatre Mama”. According to the prosecution story, which was held as proved by the learned Judge, respondent Mhatre accepted bribe of Rs.3,000/- on behalf of and at the instance of Diksha Dhande. It seems that Mhatre was also asked by the complainant to deposit some fees for which complainant paid Rs.500/- to Mhatre. It seems that Mhatre deposited fees of Rs. 2 appln 988 of 2011 213/- and refunded Rs.287/-. Learned Judge held that the accused No.2 was not knowing about the work of transfer certificate. He had not demanded amount of Rs.3,000/- from the complainant. There is nothing to show that he was aware that payment of Rs.3,000/- which he received at the instance of accused No.1 was bribe and therefore, the learned Judge held that the charge is not proved against accused No.2. This may require reconsideration since there would be no occasion for a peon in a department of he Municipal Corporation, to receive sum of Rs.3,000/- particularly when he had already received Rs.500/- from the complainant, out of which he deposited Rs.213/- as fees and refunded Rs.287/- to the complainant. Therefore, he should have known that amount of Rs.3,000/- had nothing to do with any fees to be deposited with the corporation. In view of this, leave granted. Appeal admitted. Call for Record and Proceeding. Action under Section 390 of Code of Criminal procedure. (R. C. CHAVAN, J.)