ASHOK KUMAR BHAGCHAND WARDHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal seeking to quash the judgment and order dated 23-4-1998 passed by the Special Judge, Bhandara in Special Criminal Case No. 4/91 by which the accused has been convicted for offences punishable under sections 7, 13 (1) (d) r/w 13 (2) of the Prevention of Corruption Act and is sentenced to suffer R. I. for six months and to pay fine of Rs. 2000/- in default to suffer R. I. for three months.

(2.) THE brief relevant facts of the case are as follows : that, the complainant Girdhari Nago Thakre was a resident of village Virli Khurd, and was an agriculturist. On 3-4-1988 the complainant Girdhari made an application in the name of his father in the office of M. S. E. B. for getting electric supply up to his well. In connection with this application he had been to village Sarandi and had met the accused who was a Junior Engineer in M. S. E. B. on 2 to 3 occasions, but was given evasive answers. Later on the accused informed him that he would not issue a demand form unless an amount of Rs. 400/- was paid to him. The complainant paid Rs. 400/- to the accused and was given the demand form. He then filed the duly filled demand form alongwith an amount of Rs. 660/- in the Co-operative Bank at Masal.

(3.) IT is the case of the complainant that thereafter he met a lineman by name Shri Pagote. The said lineman asked him to bring a chit from the accused. The complainant contends that the accused informed him that he would get the electric poles only if an amount of Rs. 100/- will be paid to him. On this the complainant paid Rs. 100/- to the accused and on making such payment, the accused gave him a chit which he gave to the lineman, Shri Pagote. Upon furnishing such chit, five electric poles which were to be fixed in his field, were carried to his field, but had not been erected.