SHYAM SUNDER PRASAD Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present criminal revision under Sec. 397 read with Sec. 401 Cr.P.C. has been filed against the order dtd. 20/8/2022 passed by the Special Judge, C.B.I. Court No.6, Lucknow in Criminal Case No.04 of 2014, Union of India through CBI Vs. Shyam Sunder Prasad, arising out of RC No.0062014(A)0015, under Ss. 7 and 13(2) read with 13(1)(d) Prevention of Corruption Act, Police Station CBI/ACB, Lucknow, whereby the learned trial court has allowed the Application No.B-28 filed by the Central Bureau of Investigation ( for short 'CBI') under Sec. 311 Cr.P.C. for summoning Sri Mahesh Kumar Jain to give evidence in respect of the electronic evidence as Smt. Manisha Kulshreshta, who prepared paper Nos.B-22/1 to B-22/4, is not living in India now and directed for calling Sri Mahesh Kumar Jain as a witness to prove the said documents.

(2.) The facts, in brief, are that a written complaint was received by the CBI, Lucknow from Sri Kaleem Ahmad on 23/4/2014 regarding demand of illegal gratification by the revisionist. Sri Kaleem Ahmad had taken a Cash Credit Loan of Rs.80,00,000.00 from Punjab National Bank, Dhangata, Sant Kabir Nagar. Some cheques of this account got dishonored. The complainant approached the revisionist, who was posted as Branch Manager, and inquired about dishonoring of his cheques despite availability of Cash Credit Loan amount in his account. The revisionist told the complainant that his account was frozen and it would not be de-freezed until he gave him Rs.80,000.00 as bribe. The complainant requested the revisionist to reduce the bribe amount and the revisionist agreed to accept a bribe of Rs.50,000.00 by cheque from the complainant for de-freezing his account.

(3.) The CBI after verifying the complaint, registered an FIR against the revisionist under Sec. 7 of Prevention of Corruption Act on 26/4/2014. A trap was laid on 26/4/2014 by the team of the CBI. The team was accompanied by the complainant along with two independent witnesses. The revisionist was caught red handed with tainted bribe cheque for an amount of Rs.50,000.00 received from the complainant for de-freezing his Cash Credit Loan account.