IMPORTANT POINT
Framing of charge depends upon satisfaction of the court about prima facie existence of the facts.

JUDGMENT :

N.V. Ramana, J.

1. These Criminal Appeals, by way of special leave, are filed by the appellants against a common order dated 26th October, 2007 passed by the High Court of Bombay at Goa in Criminal Revision Application Nos. 3, 10, 19, 21 and 22 of 2007, whereby the High Court while setting aside the charges framed by the learned Special Judge, Panaji against the accused-appellants for the offences punishable under Sections 120-B, 409, 420, 465 and 471, IPC and directed to frame charges against them under Sections 13 (1)(d)(i) and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 read with Section 120-B, IPC.

2. In a nutshell, the genesis of the dispute in all these appeals pertains to a Notification dated 30thSeptember, 1991 issued by the Government of Goa, duly approved by the Cabinet, according to which those industrial units who apply for bona fide use of High Tension or Low Tension power supply to their industrial units would be eligible for a rebate of 25% in their tariff for a period of five years. The appellant in Criminal Appeal No. 315 of 2011 (Accused No. 1) was the Minister of Power for the State of Goa during the period 22-12-1994 to 29-07-1998 whereas the appellant in Criminal Appeal No. 313 of 2011 (Accused No. 2) was also a public servant at that time being Chief Electrical Engineer. Accused Nos. 3 and 4 were Managing Director and Executive Director, respectively, of the appellant Company in Criminal Appeal 314 of 2011 (Accused No. 6), while the appellant in Criminal Appeal No. 312 of 2011 (Accused No. 5) was the General Manager of appellant Company in Criminal Appeal No. 311 of 2011 (Accused No. 7).

3. The Government of Goa, during the tenure of accused No. 1 as Minister of Power, with the consent of Cabinet, issued another Notification dated 31-03-1995 cancelling the earlier Notification dated 30-09-1991 without assigning any reason for its cancellation. Afterwards, it is alleged that another Notification dated 15-5-1996 was issued, without approval of the Cabinet introducing another category of ‘Extra High Tension’ power supply and after that one more Notification dated 01-08-1996 was issued, again without Cabinet approval, restoring the benefit of 25% rebate, at the instance of accused No. 1, only to benefit accused nos. 6 & 7 Companies.

4. Acting upon a complaint lodged by an M.L.A., the State levelled allegations against the accused individuals that by entering into a criminal conspiracy they provided wrongful gains to both the appellant Companies (Accused Nos. 6 & 7) and favored the two Companies for availing 25% rebate on power tariff by illegal means and thereby caused huge loss of Rs.4,52,77,856/- to the exchequer of Government of Goa.

5. Taking note of the allegations levelled against the accused, the Special Judge, Panaji by order dated 8thDecember, 2006 framed charges against the accused-appellants for the offences punishable under Sections 120-B, 409, 420, 465, 468 and 471, IPC and also under Section 13(1)(d)(i) and 13(1)(d)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988. The aggrieved appellants approached the High Court by way of Criminal Revision Applications. The High Court on the analysis of facts, arrived at the conclusion that the facts of the case do not disclose an offence of cheating and there was no offence of criminal breach of trust. Accordingly, the appellants were discharged from the offences punishable under Sections 120-B, 409, 420, 465, 468 and 471, IPC. However, the High Court observed that there is sufficient prima facie material against the accused for framing charges against them under Section 13(1)(d)(i) and 13(1)(d)(ii) read with Section 120-B, IPC. Feeling aggrieved thereby, the accused-appellants are before us in these appeals.

6. We have heard Mr. M.L. Varma, learned Senior counsel appearing for the appellant in Criminal Appeal No.315/2011, Ms. Binu Tamta, learned counsel appearing for the appellant in Criminal Appeal No.311 of 2011, Ms. As