Hon'ble Judges/Coram:
Ranjan Gogoi and R. Banumathi

JUDGMENT

R. Banumathi, J.

1. Leave granted.

2. These appeals arise out of the judgment dated 16.04.2015 passed by the High Court of Gujarat in Criminal Appeal Nos. 477-78 of 2000 in and by which the High Court reversed the verdict of conviction passed by the trial court in Special (ACB) Case No. 10 of 1992 and thereby acquitting the Respondents Under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act, 1988 ('the Act').

3. Briefly stated case of the prosecution is that Accused No. 1/Respondent No. 2-J.D. Patel was working as a Junior Clerk in Non-Agriculture Department and Accused No. 2/Respondent No. 1-Navinbhai Chandrakant Joshi (Navinbhai) was also working in the same department. The complainant-Bhagwandas (PW-1) is a businessman dealing in the business of sugar as a wholesale retailer. The complainant/PW-1 was desirous of starting a new firm by name Purvi Monomal Pvt. Ltd. for manufacturing of acrylic monomal and for this purpose, he has purchased a plot at Village Chhatral from one Sandeep Agrawal and Manoj Agrawal. The agreement to sell was executed in December, 1990 and the sale deed was executed in March, 1991. Though the original owners of the plot had got the plot converted into non-agricultural plot for different purpose, PW-1 had to place the revised plan for necessary Non-Agricultural permission.

4. It is the case of PW-1 that Accused No. 1-J.D. Patel used to time and again assure PW-1 that he would see to it that the necessary permission is approved for the revised plan of PW-1. On 27.03.1991, PW-1 learnt through Accused No. 1-J.D. Patel that the revised plan of PW-1 was not accepted and his application was rejected. On the direction of Taluka Development Officer (TDO), PW-1 paid a fine of Rs. 368.30 on 02.04.1991 in t........