LAWS(MAD)-2019-10-325

R. THAVAMANI Vs. STATE

Decided On October 17, 2019
R. Thavamani Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner/accused in Spl. Case No. 8 of 2018 for the offence under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 had filed a discharge petition in Crl. M.P. No. 249 of 2018. The Trial Court by order dated 01.08.2019 dismissed the same, against which the present revision has been filed.

(2.) The gist of the case is that the petitioner was a Commercial Tax Officer Grade-II in Thirukoillur Circle, Villupuram District. On 10.08.2016, the defacto complainant Pandiyan met the petitioner at his office for the purpose of enquiring about availing TIN No. and CST No. for starting up a business of selling rice and corn in the name and style of Yasodha Traders. For which the petitioner had demanded an illegal gratification of Rs. 8,000/- for filling application through online, processing and issuing TIN No. and CST No. and obtained Rs. 2,000/- towards registration of online application and had collected the necessary documents for the said purpose.

(3.) Thereafter, on 12.08.2016 the defacto complainant received a message in his cell phone that his application was successfully submitted. Later, on 20.08.2016, the petitioner had inspected the shop of the defacto complainant as part of processing to issue TIN No. On 22.08.2016, at about 5.00 p.m. the defacto complainant met the petitioner in his office and enquired about his spot inspection. The petitioner had reiterated his earlier demand of Rs. 8,000/- and thereafter the above said demand was reiterated in mobile phone on 25th and 26th of August 2016.