JUDGMENT

1. This appeal is preferred under Sec. 374 of Code of Criminal Procedure (for short "Cr.P.C.") challenging the judgment and order dtd. 16/12/1997 passed by the Special Judge, Greater Bombay, in Special Case No.33 of 1990, convicting the appellant for offences punishable under Ss. 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short "PC Act") and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs.2,000.00.

2. The brief facts of the prosecution case are as under :-

i. The accused was working as an Associate in the Bombay High Court. The complainant is hotelier by business. He was also secretary of Pant Nagar Shankar Sadan Co-operative Housing Society, Ghatkopar.

ii. In the year - 1988, three occupants in the society extended balconies of their respective flats in the open space of the society without seeking permission for extension and alteration in their respective flats.

iii. Notices were sent to those flat owners/occupiers and complaint/application was filed against them before Deputy Registrar of Co-operative societies, N-ward, Navi Mumbai.

iv. On 22/8/1989, the complaints filed by the society were dismissed for defa