NANJIBHAI RATNABHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 12/05/1989 passed by the Special Judge Bharuch in Special Case No. 1 of 1987 the accused has filed this appeal. The learned Special Judge has convicted the accused for the offences patchable under Sec. 5(2) of the Prevent on of Corruption Act and Sec. 161 of the Indian Penal Code and has sentenced him to undergo R. I. for a period of one year and to pay a fine of Rs. 1000.00 in default. R. I. for a period of three months for each of the aforesaid offences. He has ordered both the substantive sentences to run concurrently.

(2.) When the matter came up for admission the record and proceedings were called for.

(3.) The main question involved in this appeal is whether the order sanctioning prosecution is valid or not. The further question which was raised by the learned Counsel for the appellant was whether the defence has probablized its say that the accused had accepted the amount of Rs. 500.00 from the complainant as he had given it by way of loan to the complainant.