The legal framework for establishing a prima facie case and the interpretation of Section 7 PC Act prior to its amendment by Act No. 16/2018.

JUDGMENT

Manoj Kumar Ohri, J. - The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of the order dated 17.03.2020 passed in CC No. 335/2019 by the learned Special Judge, PC Act, ACB-01, Central District, Rouse Avenue Courts, Delhi whereby charges were framed against the petitioner and co-accused SI Amit Kumar in FIR No. 5/2018 registered under Sections 7/8/13(l)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act') at Police Station Vigilance, Delhi.

2. The brief facts of the case as noted by the learned Trial Court in the impugned order are as under:-

"1. Brief facts of the case are that the complainant Sh. Surender Singh gave a hand written complaint to Insp. Ajay Tyagi at PS Vigilance in the presence of panch witness Sh.Ramesh Chandra Kesharwani on 23.05.2018 alleging that complainant is the registered owner of vehicle bearing no. HR-46D-5396. It is further stated that Jasvir, driver left for Madras from New Green Transport, Rampura in the aforesaid vehicle loaded with goods on 07.05.2018. It is further stated that the said vehicle was stopped at the instance of Sh. Shekhar (owner of New Green Transport) who lodged a complaint against the complainant at PS Punjabi Bagh. Thereafter, on 16.05.2018, Sh. Shekhar had taken the complainant to PS Punjabi Bagh where accused SI Amit Kumar met who threatened to send the complainant to jail if his demand of Rs. Five Lakh is not fulfilled. On the next day accused SI Amit Kumar obtained Rs.2,50,000/-from the complainant at the PS and asked the complainant to pay the balance amount on the next day. Thereafter, on 18.05.2018, the complainant has further given Rs. 30,000/- to accused SI Amit Kumar who warned the complainant and asked him to pay the remaining amount till 21.05.2018. Thereafter, the complainant reached at the PS alongwith Rs.50,000/- (25 currency notes of Rs.2,000/- each) and made a complaint on 23.05.2018 which was signed by panch witness Ramesh Chander Kesharwani and the serial numbers of the currency notes were noted down and phenolphthalein powder was applied on the aforesaid GC notes and demo was given to the complainant before proceeding for raid. Thereafter, the amount of Rs.50,000/- was handed over to the complainant which was kept by the complainant in his right side pocket of pant and was briefed to keep the panch witness alongwith him so that he could hear the conversation between the complainant and the accused. Thereafter, the complainant made a telephonic call to accused SI Amit Kumar who asked the complainant to meet Shekhar. Thereafter, the raiding team including RO Insp. Ajay Tyagi, complainant Surender Singh, panch witness Ramesh Chander Kesharwani, HC Rakesh, HC Tar a Chand, HC Kanwar Singh and driver ASI Amardeep left in government vehicle no. DL-1CJ-5549 and reached near PS Panjabi Bagh at about 02:30 pm. It is further stated that the complainant and panch witness were sent to PS Punjabi Bagh and raiding team remained outside the PS Punjabi Bagh. Thereafter, complainant called on the mobile phone of the Shekhar who asked the complainant to reach at the office ofShekhar which is situated at Rampura and accordingly the complainant alongwth the raiding team reached at the office of Shekhar at about 03:30 pm. Complainant and panch witness went at the first floor and other staff remained near the office. Thereafter, after 35-40 minutes panch witness came down and made a pre-appointed signal to the raiding team and the raiding team reached at the first floor where the panch witness told that the person wearing Kakhi pant and yellow shirt had obtained Rs.50,000/- from the complainant from his right hand and that person was apprehended by the RO, the said person disclosed his name as SI Amit Kumar. Thereafter, on the personal search of accused SI Amit Kumar, currency notes of Rs.50,000/- (25 currency notes of Rs.2,000/-) was recovered from his right hand, the serial number of th