JUDGMENT :

1. Heard Sri Ajay Kmar Rai, learned counsel for the accused-revisionist and Sri Shiv P.Shukla, learnerd counsel for the Central Bureau of Investigation, Lucknow.

2. Present Criminal Revision under section 397 readwith section 401 of the Code of Criminal Procedure, 1973 has been filed against the impugned order dated 02-05-2022 passed by the Special Judge, C.B.I. Court No. 6, Lucknow on an application filed by the C.B.I. under section 311 Cr.P.C. in Criminal Case No. 04 of 2014, Union of India Versus Shyam Sunder Prasad, arising out of RC006202014A0015 registered under section 7 & 13(2) readwith 13(1)(d) of the Prevention of Corruption Act,1988.

3. The case in question was registered vide RC No. 006202014A0015 against the accused-revisionist, Sri Shyam Sunder Prasasd, the then Branch Manager, Punjab National Bank, Branch-Dhanghata district-Sant Kabir Nagar under section 7 of the Prevention of Corruption Act, 1988, on 26-04-2014 on the basis of written complaint made by Sri Kaleem Ahmad. It was alleged in the F.I.R. that the complainant, Sri Kaleem Ahmad was sanctioned the Cash Credit Limit of Rs. 8 Lakh from the Punjab National Bank, Dhanghata Branch, district-Sant Kabir Nagar on 26-03-2014. The complainant was issued one Cheque Book bearing nos. UKM 065501 to 065520 in respect of this Cash Credit Limit Loan Account. The complainant had issued eight cheques from the said cheque book and out of the these eight cheques, three cheques issued by him got cleared and three cheques were bounced/dishonoured. The complainant therefore, requested the parties to whom the remaining two cheques had been issued, not to produce/present them as the cheques issued by him in respect of the Cash Credit Limit Loan Account were being bounced/dishonoured.

4. It is alleged that the complainant enquired from the accused-revisionist about the reason for the cheques which got dishourned/bounced. The accused-revisionist replied that the account had been frozen. It was further alleged that the accused-revisionist had demanded bribe of Rs. 80,000/-from the complainant for defreezing the account. It was also alleged that the accused-revisionist had demanded the bribe through cheques to be issued in the name of other person.

5. The complaint made by the complainant was verified and a criminal case was registered against the accused-revisionist under section 7 of the Prevention of Corruption Act,1988 on 26-04-2014. It is further said that during verification of the complaint, on 25-04-2014, when the complainant met and requested the accused-revisionist for reducing the bribe amount, he agreed to accept the bribe of Rs. 50,000/-by cheque. This conversation was recorded and transferred into a blank Compact Disc, marked as Q-1 and taken into record. The C.B.I. Team was formed on the instructions of Head of Branch, CBI, ACB, Lucknow including Sri Diwakar Pande, Inspector(Trap Laying Officer) for laying of trap. The Trap Laying Team completed the pre trap proceedings and Cheque No. UKM 065514 for a sum of Rs. 50,000/-was drawn which was to be given as illegal gratification to the accused-revisionist and it was treated with phenolphthalein powder to be handed over to the accused-revisionist during the trap proceedings. The accused-revisionist was caught red-handed with tainted bribe cheque. The conversation between the accused-revisionist and the complainant was recorded during the transaction of bribe cheque and the same was transferred into a blank Compact Disc, marked as Q-2. The voice samples of the accused-revisionist were sent to CFSL, New Delhi for voice analysis.

6. During course of the investigation, the C.B.I. noted that the Cash Credit Loan Account of the complainant was de-frozen a day before the trap to facilitate the payment of illegal gratification.

7. The C.B.I. after investigation of the offence, filed chargesheet for the offences punishable under sections 7 & 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 against th