1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.649 OF 2011 (STATE OF MAH. THR. SP ACB YAVATMAL //VS// DHANRAJ SHIVLAL BORKAR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. B.P. Maldhure, A.P.P. for Applicant/ State. CORAM : M.N.GILANI, J. DATE : NOVEMBER 17, 2011. The applicant/ State of Maharashtra is seeking leave to file an appeal against the order of acquittal dated 15.07.2011 passed by Special Judge, Yavatmal in Special Case No.2 of 2004 thereby acquitting the respondent of the offence punishable under Sections 7 and 13(2) read with Section 13(i)(d) of the Prevention of Corruption Act, 1988. At the relevant time the respondent/ accused was serving as Deputy Manager, Andhra Bank at Yavatmal. The complainant applied to the Bank for loan of Rs.50,000/- out of which half of the amount was disbursed on 04.05.2002 and half of the amount of loan remained to be disbursed and for that the complainant was visiting the Bank. In consideration of disbursing the balance amount of Rs.25,000/- the respondent demanded illegal gratification of Rs.5,000/- from the complainant for that there was a talk on 17.06.2002. On 18.06.2002 the complainant lodged complaint with Anti Corruption Bureau, Yavatmal and trap was laid. On perusal of paragraph 16 of the judgment it appears that acceptance of the amount of Rs.5,000/- by the respondent was not disputed, however, it was stated that this 2 amount was towards fixed deposit in the Bank, which the complainant wanted to make. This defence theory weighed with the learned Special Judge. The statements of the witnesses have been perused. It has come in the evidence of the complainant that when he had inquired about the balance amount of Rs.25,000/- the respondent inquired with him as to whether he had brought Rs.5,000/- with him. Thereafter the respondent asked the complainant to come out of the bank building and after they went out side the tainted currency notes of Rs.5,000/- were accepted by the accused. The learned Additional Public Prosecutor has made out a case for granting leave to file an appeal. Accordingly leave granted. ADMIT Action under Section 390 Cr.P.C. JUDGE RR..