:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2015 OF 2007 The State of Maharashtra. ..Applicant. Vs. Mukund Atmaram Mahale. ..Respondent. Mr. A.S.Shitole, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 8th August, 2008 PC : 1. This is an application for leave to file appeal filed by the State of Maharashtra. The accused has been acquitted for an offence punishable under Section 7, 13(1)(d) read with Section 13(1)(2) of the Prevention of Corruption Act. On perusal of the impugned judgment and order, I find that the acquittal is based on cogent and acceptable reasons. In his evidence, the complainant came with a case that the demand was made for the first time on 31.7.2000. In the FIR the demand was said to have been made on 15.7.2000. In the circumstances, the charge relating to the making of the demand has been held to be unproved. As regards the acceptance of money, the defence version was that he wanted to purchase a mobile from the complainant. It was the case of the accused that the complainant was dealer in mobile business. Visiting card Exh.28 was produced on behalf of the accused. The complainant admitted that he has given the visiting card to the accused. Other evidence :2: has been produced to show that there was transaction in relation to purchase of mobile. The Court has held that the accused has rebutted the presumption. In the circumstances, this is not a fit case to grant leave. Hence, leave refused. (R.S. MOHITE, J.)