1. Rule. Rule made returnable forthwith, by consent.

2. Mrs. Mane, learned A.P.P., waives service on behalf of the Respondent-State.

3. A short question is raised in this Criminal Revision Application, which is directed against the Judgment and Order dated 24th July, 2012 of the Special Judge, Greater Bombay. This Judgment and Order was delivered on an application made by the present Applicant/Original Accused for discharge in Special Case No.45 of 2011.

4. The question raised for my consideration is whether the Applicant, who has been appointed as a Manager by the Liquidator of M/s. Indira Co-operative Bank Limited, is a “Public Servant” within the meaning of the said term, as defined in the Prevention of Corruption Act, 1988, (for short “the P.C. Act”).

5. The undisputed factual position is that M/s. Indira Co-operative Bank Limited is under liquidation. In the year 1998, the District Registrar in exercise of his powers under the Maharashtra Co-operative Societies Act, 1960 has appointed a Liquidator of the said Co-operative Bank. During the course of the liquidation proceedings and to look after the same, the Liquidator made appointments, one of which was of the present Applicant. He was appointed as a Manager and according to him, initially from 1st September, 2008 to 31st August, 2009. The appointment was extended from 1st September, 2009 to 31st August, 2010. The terms and conditions of the appointment have been determined by the Liquidation Committee.

6. A complaint was filed before the Anti Corruption Bureau, which came to be registered as First Information Report No.52 of 2009, against the Applicant alleging that one Rajtej Bhadrasen Khot, Harish Bhadrasen Khot and Manhar Bhadrasen Khot are real brothers. They have lot of properties in Borivali area. A Cinema Theater known as “Jaya Theatre” is owned by this family. They also own some 30 to 35 shop premises. All these shops have been given on rent. There is also a Petrol Pump, which is owned by them. Mr. Sanjay Khot, Mr. Viren Khot and Mr. Giriraj Khot are the sons of Mr. Rajtej Bhadrasen Khot. The Ground Floor premises in the Cinema Theater Building have been given on lease to the Bank of Baroda. The Complainant has his office on the Second Floor and, on the Third Floor, there is an office of Mr. Sanjay Rajtej Khot and Mr. Viren Rajtej Khot.

7. There is one property called Jaybhadra Building situate at S.V. Road, Borivali (West). This is a building of three floors. There is an open area adjacent to this building. That also is owned by the Khot Family. A portion admeasuring 300 sq.ft. was given on lease to M/s. Indira Co-operative Bank Limited on 26th May, 1987 by the Khot Family. The Lease Agreement is registered. After narrating as to how the Lease Agreement came to be executed and who signed it and the terms and conditions including monthly rent and duration of the lease, what has been alleged is that the Bank has made construction on this portion. After the construction work was carried out, there has been a fresh lease executed and the details thereof have been set out. The constructed portion is used as an office by the Bank under liquidation.

8. The Complainant alleges that the Head Office of M/s. Indira Co-operative Bank Ltd. is at Dadar, Mumbai. The Khot Family has Rs.6,00,000/-in Fixed Deposit with this Bank. The Bank has stopped its business from 1998. The Bank has been in liquidation and the Government has appointed a Liquidator thereon. The Bank has taken away all the papers from the rented Office in the year 2000. It has also not paid rent to the Khot Family after 1998. The sons of the said Rajtej Bhadrasen Khot were continuously pursuing the matter and requesting the Bank to handover the premises back to them. However, their efforts have not been successful.

9. It is then alleged that the Applicant came to the office of the said Khots in September, 2009. He demanded Rs.5,00,000/-from Mr. Sanjay Rajtej Khot and Mr. Viren Rajtej Khot for ha